London, United Kingdom – Diaspora County 48 Kenya has formally petitioned Parliament to entrench Constituency 291, created for the diaspora during the 2022 General Elections, into law.
The petition also calls for the appointment of two diaspora representatives—one in the National Assembly and one in the Senate—solidifying the voices of Kenyans living abroad in national governance.
The petition, supported by 105 signatories representing the diaspora’s global regions of North America, South America, Europe, Middle East, Africa, Asia, Eurasia, and Oceania, builds upon the precedent set by the Independent Electoral and Boundaries Commission (IEBC) under Article 89 of the Constitution. Without legislative action, Constituency 291 risks future exclusion during boundary reviews.
A Unified Diaspora Voice
This petition signifies the collective aspirations of Kenyans abroad to have a permanent voice in national decision-making. Prominent leaders and the 105 signatories from across the globe echo the call for inclusivity, equity, and justice.
“Representation is not just a right; it is an acknowledgment of our contributions and our place in Kenya’s future,” said Bernard Kavyu, County Governor of Diaspora County 48 Kenya.
As Parliament deliberates, the diaspora hopes for swift action to enshrine Constituency 291 in law and secure their rightful place in Kenya’s governance.
Legal Framework Supporting the Petition
The petition is rooted in the Constitution of Kenya (2010), which provides a strong basis for diaspora representation:
- Article 89: Delimitation of Electoral Units
This article gives the IEBC the authority to create constituencies for equitable representation. It mandates that:
“There shall be two hundred and ninety constituencies for the purposes of the election of the members of the National Assembly provided for in Article 97(1)(a).”
The IEBC is also tasked with reviewing constituency boundaries every 8 to 12 years to ensure fairness and compliance with Article 81(d), which requires free and fair elections. Constituency 291 was created under this mandate to represent Kenyans abroad, but it requires legislative entrenchment to become a permanent part of Kenya’s governance framework.
- Article 100: Promotion of Representation of Marginalised Groups
This article obligates Parliament to legislate for the inclusion of marginalised groups, specifically:
- (a) Women
- (b) Persons with disabilities
- (c) Youth
- (d) Ethnic and other minorities
- (e) Marginalised communities
The diaspora qualifies as a marginalised group due to its historical exclusion from governance structures, despite its significant contributions to the nation’s economy and society.
Why Diaspora Representation is Essential
- Recognising Economic Contributions
The Kenyan diaspora remits over USD 4 billion annually, making it one of the largest sources of foreign exchange for the country. Despite this, diaspora concerns such as dual citizenship rights, taxation, and investment opportunities remain underrepresented in Parliament.
- Strengthening National Inclusivity
Diaspora representation would fulfil constitutional commitments under Articles 27 (Equality and Freedom from Discrimination) and 38 (Right to Participate in Government). Entrenching Constituency 291 ensures that all Kenyans, regardless of their location, have a voice in shaping the nation’s future.
- Learning from Global Best Practices
The petition cites examples of successful diaspora representation in other nations:
- France: Allocates 11 parliamentary seats for French citizens abroad.
- Italy: Reserves 12 seats for Italians living overseas.
- Senegal: Provides 15 parliamentary seats for its diaspora.
- Algeria: Reserves 8 seats for Algerians residing abroad.
Kenya has the opportunity to align itself with these global practices and acknowledge the role of its diaspora as a critical stakeholder in national development.
Prayers to Parliament
The petitioners request Parliament to:
- Amend the Elections Act, 2011, to entrench Constituency 291 into law, ensuring its permanence within Kenya’s electoral framework.
- Allocate two parliamentary seats to represent the diaspora:
- One in the National Assembly under Article 97(1)(c).
- One in the Senate under Article 98(1)(b).
- Mandate the IEBC to create a framework for diaspora voter participation, including expanded polling centres abroad and voter education initiatives.
Prominent Leaders Supporting the Petition
The petition is supported by key leaders from the County Executive Committee, County Assembly, and Regional Coordinators of Diaspora County 48 Kenya:
County Executive Committee
- Bernard Kavyu – County Governor (UK)
- Asinah Macharia – Deputy County Governor (USA)
- Betty Mahugu – County Executive Secretary (Rwanda)
- Tom Atonga – County Treasurer & Mobilisation Director (Botswana)
- Elizabeth Mökkönen – County Operations Secretary (Finland)
- Joseph Kapukha – County Director Systems Development (USA)
- Chris Maghas – County Director Finance & Budget (USA)
- Francisco Mbugua – County Global Strategist (UK)
County Assembly
- Peter Macharia – Speaker County Assembly (USA)
- Crispin Mangongo – County Senator (UAE)
- Benjamin Mutemi – County Assembly Clerk (Oman)
- Jane Kipchirchir – County Assembly Chief Whip (USA)
- Wycliffe Aganda – County Liaison Leader National Assembly (Rwanda)
- Jim Nyagah – County Liaison Leader Senate (UK)
County Regional Coordinators
- David Kitonga – North America (USA)
- Lydia Buruna – South America (Trinidad Tobago)
- Joy Zenz – Europe (Germany)
- Wycliffe Adero – Middle East (Qatar)
- Eric Pamba – Africa (South Africa)
- Charles Nyanya – Asia (China)
- Tanui Lawi – Eurasia (Russia)
- Vincent Lusite – Oceania (Australia)
This petition represents a collective effort by the Kenyan diaspora to secure a permanent voice in the country’s governance. By entrenching Constituency 291 into law, Kenya has an opportunity to strengthen its democracy, embrace inclusivity, and honour the invaluable contributions of its diaspora.
By Bernard Kavyu
