2013 Elections:Judge dismisses diaspora vote case


THE High Court yesterday defended IEBC on its stand that Kenyans in the diaspora will not vote during the coming polls.

Justice Isaac Lenaola made the decision in a petition filed by Jeffer Isaak, who resides in the UK and who sought the reopening of the voters register to allow him and other Kenyans living abroad to register and vote in the general elections.

The Judge said Isaak had sought the court’s intervention too late since the legal process towards the general election had already commenced.

“Also, to reopen the registration exercise will only lead to confusion that is unnecessary in the context of our shared history,” he said.

The judge, however, told the electoral body to put in place “efficient, concrete and realistic mechanisms to ensure that all citisens living abroad” take part in subsequent general elections.

“All available means to realize these rights, must be used and all resources applied towards that end, otherwise the this right will merely become a pipe dream for Kenyans who endorsed the constitution in 2010,” he said.

The court dismissed the petition saying it saw no reason to depart from a decision made by another judge in October last year regarding the same petition.

“Though I completely sympathize with the applicant and Kenyans in the diaspora, the circumstances and the and the law governing this issue would not allow me to accede to his plea,” he said.


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