Kenyan Government Suppresses Diaspora Vote

Hassan and his team flew to Boston in December 2011 ostensibly to engage and consult the Kenyan Diaspora on the voting issue. But what transpired in Boston was neither consultation nor engagement. In fact it was nothing more than an announcement. Hassan announced to the bewildered Diaspora audience that he had decided that voting will take place in the Embassies and Consulates. This was his position before leaving Kenya. It was his position during the “consultation”. And it was his position as he boarded the plane back home.

On January 21, 2012, KDDC convened a community discussion over the KPV online radio to rekindle the issue of Diaspora voting. Following the Jan 21 community discussion, the government immediately called the meeting of February 1, chaired by then Justice Minister Mutula Kilonzo, which culminated in the formation of the Task Force on Diaspora Voting. It is instructive that the Advisory Council declined to be a signatory in the memorandum from the Kenya Diaspora Voting Action Committee comprising several Diaspora organization including KGU, KDDC, KIC among others, which was presented to the Government as input to the to the Cabinet meeting on February 1^st,2012

The task force was of course one of the charades adopted by the Kenyan Government to pretend that they were doing something about Diaspora voting. Nothing came out of it.

KDDC organized the Kenya Diaspora Summit in Boston on April 14th, 2012. Kenya Diaspora Voting was discussed thoroughly at the summit. The Government of Kenya was represented by Hon. Richard Onyonka (Assistant Minister for Foreign Affairs) and Ms. Lillian Mahiri-Zaja (Vice-Chair, Independent Electoral Boundaries Commission) who gave keynote addresses. In her keynote address, Lillian Mahiri-Zaja, the Vice-chair of IEBC said Diaspora will vote in regional centres, not embassies

Even before the summit was over, Mr. Isaack Hassan was already in Washington DC where to everyone consternation, he brazenly reversed what his Vice-Chair had proposed. He reiterated his one and only position: Diaspora voting would be done in Embassies and Consulates and would be conducted by “junior embassy staff”.

The concerns of Kenyans in the Diaspora regarding voting in the Kenyan Embassies and Consulates are that Embassy officials are partisan and operate and make decisions based on political party affiliation.

Article 86 says “At every election, the Independent Electoral and Boundaries

Commission shall ensure that—

(a) Whatever voting method is used, the system is simple, accurate, verifiable, secure, accountable and transparent;

(b) The votes cast are counted, tabulated and the results announced promptly by the presiding officer at each polling station;

(c) The results from the polling stations are openly and accurately collated and promptly announced by the returning officer; and

(d) Appropriate structures and mechanisms to eliminate electoral malpractice are put in place, including the safekeeping of election materials.

Apart from the fact that distance and costs will prohibit over 95 percent of the Diaspora from voting, the partisan nature of most of Kenya’s embassy staff cannot pass the test and spirit of the provisions stated in Article 86 of the constitution of Kenya. IEBC is constitutionally bound to ensure that at each polling station “appropriate structures and mechanisms to eliminate electoral malpractice are put in place, including the safekeeping of election materials.” Kenyans in Kenya now have unfettered access to polling stations. Kenyans in the Diaspora deserve and have the constitutional rights to be accorded similar treatment in regional polling centers nearest to them—and not in inaccessible party-controlled Embassies and Consulates. USA Embassy and Consulate are manned by ODM’s Leader’s brother-in-law and sister respectively and the ODM leader clearly speaks out on how the Advisory Councils that were appointed by the current US Ambassador are actually his chief campaign strategists/operatives in the USA. This proves how compromised our Embassy is. USA has the largest Kenyan Diaspora group and is a major “swing constituency” for the coming elections.

Diaspora Polls Mapping was discussed on April 21, 2012 and presented to the Members of Parliament, Kenya On May 9, 2012. Nothing came out of it.

Any fool would be driven to ask thus: What was the point of Hassan’s travelling? Why did he have to waste tax payer’s money if he had already made up his mind? The “progressive clause” we get it. Why didn’t he just make the announcement in Kenya? Throughout the Spring and Summer, IEBC staff used the pretense of “consulting” the Diaspora mainly for tax payer funded holiday gateways to far flung locales, shopping and relaxing while doing absolutely nothing useful. The deadline to run for position and the coalition formation is fast approaching.

What we are not paying attention to is that a group of very few people lead by Shem Ochuodho- based in Juba and claiming to have a Diaspora Organization with 250000 members (largest Diaspora groups are Churches that do not even have 2000 members), took IEBC to court in August, 2012 asking to be allowed to vote for all positions, removal of “dual-Citizenship” hurdles, Registration to Vote and Right to Vote in reachable Polling stations.

 It is now mid November and we have not gotten any updates. However, this same Kenya Diaspora Alliance has a website and is registering the Diaspora to Vote! Collecting personal information with no privacy agreement as to what the info will really be used for. They are asking for donations to pay for the court case and to build a Diaspora voter registration platform! Who are they to register the Diaspora to Vote? What are they doing with these Data? Is this organization registered? Who will monitor the money they are collecting if this court case is on behalf of the Diaspora? With 250000 members, they could have raised the $100000 they need in one day! IEBC has confirmed that voter registration starts on November 19^th and will run for 30 days. So I do not know this group’s intentions and they have no mandate to register Kenyans. This is really scary with elections round the corner.

The time has come for the Diaspora to adopt a unified position on Diaspora voting. The discussion will take place on Saturday November 17^th over the online KPV Radio from 4pm EST (9pm GMT). To listen, just go to http://kenyaprogressivevoice.org.

Your questions are important and will be addressed time allowing. Please send any questions during the show by  text to  +1-904-418-2608  or by email to in**@ke*******************.org.