Kenya: The Court of Appeal has directed the electoral body to put up plans to allow Kenyans in the diaspora to exercise their constitutional rights to vote for all candidates in future General Elections.

 The court made a ruling in the case spearheaded by Shem Ochuodho,  a former Member of Parliament.

The court decision was read by Appeal Court Judge Roselyne Nambuye. The  court said the right to vote is a constitutional provision and should be exercised by everyone without any prejudice.

The judge noted that the Independent Electoral and Boundaries Commission (IEBC) did not have adequate funding to warrant putting enough structures and systems to allow Kenyans living in Europe, Asian counties and the rest of Africa to vote.

“Indeed, the right of Kenyans to vote from the diaspora should be achieved progressively,” Nambuye read in the judgement.

On September 7, 2012, Kenyans  in the diaspora made attempts to ensure they vote in the March 4, 2013  General Election. There are about 3 million Kenyans across the world.

Through their umbrella organisation - the Kenya Diaspora Alliance, they sought from the court, an  order directing the IEBC to ensure that they are registered so that they vote during the March 2013 polls but the case was dismissed.

Through Belinda Kamar Kounah and company advocates, the applicants appealed the decision of the high court to dismiss their case.  They argued that they have a right to participate in the affairs of their country and in particular the right to be registered as a voter and the right to vote and or seek elective office in any election conducted by IEBC.

 Appeal court agreed with lawyers for IEBC Isaac Odhiambo who had submitted that budgetary constraints facing the elections commission in the conduct of the elections was one of the challenges.

 The court directed that election commission put up measures to ensure that the right to vote is not denied, and ensure that the systems are efficient, transparent, accountable and verifiable in accordance with the constitution and the elections Act.

Court directed that a provision for Diaspora to vote not be limited to only in presidential but also parliamentary, senatorial and other positions.