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{
    "id": 333195,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/333195/?format=api",
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    "content": "for registration and issuance of the voters’ cards and to provide for progressive registration of Kenyan citizens living outside Kenya. Section 3(1) of the same Act stipulates that an adult citizen shall exercise the right to vote as specified in Article 38(3) of the Constitution. More important, Article 20 of the Constitution directs that every person must enjoy the right and fundamental freedom in the Bill of Rights to the greatest extent consistent with the nature of the right or fundamental freedom. The Constitution wants the state to ensure the enjoyment of rights and fundamental freedoms taking into account the application of the principle of equality, non-discrimination and equity. Mr. Temporary Deputy Speaker, Sir, today I am unfortunately the bearer of bad news because many Kenyans in the Diaspora had looked forward to having each of them registered as a voter to participate in the historic general election that is ahead of us. Whereas the Government is committed to ensuring the realization of this right and has even put in place the constitutional and legal framework, including the election regulations that this House passed recently, but due to logistical, financial and time constraints, it is impossible to have this constitutional right realized immediately. The Government has therefore decided that the Independent Electoral and Boundaries Commission(IEBC) be given enough time to make the necessary preparations to ensure Kenyans living in the Diaspora are able to vote in the 2017 general elections. We are all aware of the challenges IEBC is currently facing even in ensuring that all Kenyans are able to register as voters within 30 days. These are challenges that we can see are rising and they are subject of the question asked by Dr. Khalwale. I will be explaining to you shortly those challenges as they are arising and how IEBC is thriving to address them. Mr. Temporary Deputy Speaker, Sir, the High Court has also had the opportunity to consider this matter because Kenyans in the Diaspora had already challenged the Government in this case. It is High Court Civil Case No.331 of 2012. On 15th November, 2012 in a landmark ruling delivered by Justice David Majanja, the High Court found that although the Constitution under Article 38(iii) guarantees all Kenyan citizens the right to vote, that right is not absolute and is not realizable instantaneously but progressively and it can also be subject to restrictions. I have a copy of the judgement which I will be tabling shortly. Mr. Temporary Deputy Speaker, Sir, it is, therefore, the position of the Government that the IEBC be given sufficient time and whereas we have had the perception that we have over Kshs3 million Kenyans in the Diaspora, after sometime, the Ministry of Foreign Affairs established that Kenyans who have officially registered with their embassies and High Commissions near them are roughly about 130,000 in all the 52 Kenyan embassies abroad. Officially, the estimated figure is close to Kshs700,000. We are, therefore, asking that in the meantime, it will be necessary to conduct a census first of all to establish exactly how many Kenyans reside outside Kenya in order to facilitate the expected voter registration and subsequent voting as stated above. This is the position that the Government has taken and it is a decision that was made in the Cabinet only last Thursday. Although we had already put in place election regulations, it might not take effect immediately. We will ask Kenyans who are able to come home to register for the coming general elections to do so but IEBC in the meantime, will proceed to put in place the necessary arrangement."
}