Diaspora body faults IEBC over Supreme Court move
What you need to know:
- Dr Ochuodho said it was unfortunate that KDA had to pay the legal fees “from their pockets while IEBC uses taxpayers money, some of which is paid by Kenyans in the Diaspora.”
- “The president and the speakers of both houses of parliament are on record. We therefore wonder whose time IEBC is marking,” he said.
- In a ruling read by Judge Roselyn Nambuye, the court said “the right to vote is a constitutional provision and should be exercised by everyone without any prejudice.”
The Kenya Diaspora Alliance (KDA) has said it is unfair for the Independent Electoral and Boundaries Commission (IEBC) to continue holding the Kenyans in the Diaspora to ransom by moving to the Supreme Court to challenge the ruling of the Appellate court.
Speaking during the KTN studio discussion show in Nairobi on Monday, the KDA Chairman, Dr Shem Ochuodho, said the electoral body did not respect the rights of Kenyans abroad.
Dr Ochuodho, who is a former member of parliament, said both the executive and the legislature were on record as saying they would facilitate the process to enable the Kenyans living outside the country to vote in 2017.
“The president and the speakers of both houses of parliament are on record. We therefore wonder whose time IEBC is marking,” he said.
Dr Ochuodho said it was unfortunate that KDA had to pay the legal fees “from their pockets while IEBC uses taxpayers money, some of which is paid by Kenyans in the Diaspora.”
“We don’t think it is right for them to keep us in court fighting for our inalienable rights while they use our resources,” he added.
In July this year, the Court of Appeal directed the electoral body to put up plans to allow Kenyans in the Diaspora vote for all candidates in future General Elections.
RIGHT TO VOTE
In a ruling read by Judge Roselyn Nambuye, the court said “the right to vote is a constitutional provision and should be exercised by everyone without any prejudice.”
The judge directed that a provision for Diaspora to vote should not only be limited to presidential election but also parliamentary, senatorial and other positions.
However, the electoral body moved to the Supreme Court (the highest court in the land) to challenge the ruling terming it “unrealistic.”
The legal battle between the Diaspora and IEBC has been going on since 2010.
Two weeks before the referendum that ushered in the new constitution, the High Court ruled against Diaspora participation citing the proximity to the date of the vote.
It however ordered the then Interim Independent Electoral Commission (IIEC) to make arrangements for the Diaspora to vote in all subsequent elections and referenda.
On September 7, 2012, Kenyans in the Diaspora moved to court again in an attempt to compel IEBC to ensure they vote in the March 4, 2013 General Election.
In November of the same year, the High Court sitting in Nairobi dismissed the matter filed by New Vision Kenya and others.
It is estimated that there are about 3 million Diaspora Kenyans scattered across the world.
