State, electoral body should facilitate Diaspora to vote

Koki Muli

Kenyans abroad have been yearning for opportunities to participate effectively in the governance and management of their country for a long time.

They organised, lobbied, advocated and voted for the new Constitution, which recognises their right to vote. As a result, the Government and the Independent Electoral and Boundaries Commission (IEBC) are obliged to facilitate eligible Kenyans abroad to acquire voters’ cards and exercise their right to vote and hold office.

Although Article 82 of the Constitution provides that Parliament will enact legislation to provide for "(e) the progressive registration of citizens residing outside Kenya, and the progressive realisation of their right to vote; Kenyans abroad are determined to exercise their right to vote during the first elections under the new Constitution. Article 3 of the Elections Act provides for the unqualified right to vote, of every adult citizen so long as s/he is registered in the Principal Register of Voters, which shall comprise of a register of voters residing outside Kenya.

Some countries allow their citizens abroad to vote for presidential elections only, while others allow legislative elections only or both, depending on what their law provides. Algeria, Togo, USA, Ireland and Russia for example allow their citizens abroad to vote in all elections, including referenda.

A country may also restrict the number of external countries from where their citizens may vote and may also target certain categories of their citizens abroad, for example, the South Sudan Referendum vote was conducted only in eight countries.

Ghana’s diplomats, peacekeeping missions, and employees of international organisations or students on government scholarships can vote from abroad. South African diplomats and registered voters temporarily abroad are allowed to vote; while most other countries allow all their citizens abroad to vote if they are registered - in person (manual or electronic); by post or fax; or by proxy. Kenyans abroad can only vote in person if registered as a voter at a designated station.

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Already, the Ministry of Immigration has begun issuing Kenyans abroad with identity cards – the IEBC should take advantage of this opportunity and issue them with voters cards.

Kenyans by birth are now allowed dual nationality – meaning those who have acquired another, can be issued with passport/ID cards and a voter’s card. Kenyans abroad can only vote for the president (and running-mate); because, voters are "registered and can only vote in a particular polling station" under the law - the only position that all Kenyans vote for, in all the polling stations, is the president (and running mate). This means, the IEBC will conduct only presidential election - one ballot paper - abroad; and the number of staff and costs per polling centre should also be minimal.

Therefore, with proper planning and organisation, it is possible to facilitate Kenyans abroad to vote from many polling areas. Limiting voting only at embassies is a bad idea because it will disenfranchise majority of Kenyans abroad, who may not afford to travel far and this may also be perceived as lacking transparency and being partisan.

There is also sufficient time, resources and opportunities, between now and the General Election for the IEBC to plan and organise voter registration abroad.

It is also feasible and possible to designate places other than embassies as registration and polling areas. It is up to IEBC to cooperate with foreign governments through Kenya Government to determine the number of Kenyans abroad and facilitate them to vote in accordance with the Constitution and international principles and standards.