Inmates want to vote at referendum

By Evelyn Kwamboka

Inmates have moved to court to fight for their fundamental right to vote in the upcoming referendum on the Proposed Constitution.

Through Kituo Cha Sheria Executive Director Priscilla Nyokabi, the inmates who are not allowed by the current constitution to vote in the National Assembly and presidential elections said they have a right to participate at the referendum. "There is no express provision in the laws of Kenya barring registration of inmates to vote at the referendum. Exclusion of the applicants from participating in the upcoming referendum is contrary to the spirit of the Constitution of Kenya Review Act," she said.

More time

Yesterday, the Interim Independent Electoral Commission requested for more time to file its response to the issues raised in the case.

The Attorney General’s office was not represented despite being served with the suit papers by the applicant. Hearing of the case was adjourned to next week.

In the case, Ms Nyokabi said there is need to extend the voter registration exercise to allow the inmates to vote on August 4.

"To deny prisoners the right to participate at the referendum is to unjustly impose additional penalty on their imprisonment," Nyokabi said.

The Interim Independent Constitutional Dispute Resolution Court certified the case as urgent after hearing the matter ex-parte on Friday.

In his Friday ruling, Justice SN Mukunya said the issue on extension of the voters’ exercise would appear meaningless, until a register is open for the inmates.