

Diaspora Kenyans have a right to vote, they are not 2nd-class citizens


Diaspora Kenyans have a right to vote, they are not 2nd-class citizens
The Issue
Kenyan citizens living in the diaspora are petitioning the Parliament of the Republic of Kenya (National Assembly and Senate), pursuant to Articles 37, 38, 119, and 232 of the Constitution of Kenya, and state as follows; THAT:
1. The Constitution guarantees every adult citizen the right to be registered as a voter and to participate in elections without discrimination. To wit, Article 38 is explicit that “every citizen has the right to be registered and to vote in any election or referendum”.
2. Article 82(1)(e) requires Parliament to ensure the progressive registration of citizens residing outside Kenya, while Article 88 obligates the Independent Electoral and Boundaries Commission (IEBC) to conduct continuous voter registration for all eligible citizens.
3. In spite of the constitutional obligations, the IEBC has repeatedly excluded diaspora citizens from voter‑registration exercises, including the recently concluded enhanced continuous voter registration exercise which ended on April 30th, 2026.
4. The historical record demonstrates a persistent pattern of disenfranchisement, evidenced by the fact that in 2022, less than 5,000 of the just over 10,000 registered diaspora voters cast their ballots, representing less than one percent of eligible diaspora citizens. This was a negligible ‘improvement from 2013 and 2017 when only a few East African countries allowed eligible Kenyans to vote.
5. The diaspora contributes more than KSh600 billion annually to Kenya’s economy, yet remains the least served, and least involved, constituency in the electoral system.
6. Whereas the IEBC has acknowledged the existence of millions of eligible Kenyans abroad, it (IEBC) has perennially failed to operationalize active registration and polling centers, thereby denying diaspora citizens a meaningful opportunity to exercise their constitutionally guaranteed political and voting rights.
7. It is obvious that under the current state of affairs, it is impossible for diaspora citizens to reasonably exercise their constitutional rights.
8. Parliament has a mandatory obligation and constitutional duty to, through legislative action, oversee IEBC, protect political rights, and remedy administrative failures that undermine democratic participation of citizens regardless of their geographical location.
We, therefore, petition parliament to:
9. Direct the IEBC to immediately roll out continuous voter registration at all Kenyan embassies, high commissions, and consulates worldwide, in compliance with Articles 82 and 88.
10. Require the IEBC to establish mobile voter‑registration centers in major diaspora hubs, including the United States of America, Canada, the United Kingdom, the European Union, Australia, the Middle East, and Africa.
11. Compel the IEBC to publish, within 30 days, a binding and publicly accessible 2027 diaspora voter‑registration roadmap, detailing:
a. Countries and cities where registration will occur
b. Registration timelines
c. Staffing and resource allocation
d. Diaspora polling stations
e. Technology and verification procedures
12. Amend the Elections Act and its Regulations to:
a. Guarantee automatic diaspora inclusion in all voter registration exercises
b. Expand diaspora voting beyond presidential elections
c. Allocate adequate funding for global electoral operations
d. Establish penalties for non‑compliance by IEBC
e. Require quarterly compliance reports from IEBC to Parliament, with specific reference to diaspora registration and readiness for the 2027 General Election.
We, further:
13. State that the diaspora will continue to mobilize globally to ensure that Parliament acts on this petition and that IEBC fulfills its constitutional mandate.
14. Affirm that diaspora citizens are not second‑class citizens, and we reject any electoral framework that relegates us to spectators in our own democracy.
15. Emphasize that inclusion of the diaspora in voter registration is not a privilege but a constitutional imperative that must be fought for all its worth.
Wherefore, your Petitioners, respectfully, pray that:
16. Parliament expedites the consideration of this petition, exercising its constitutional oversight authority to take all necessary steps to guarantee the full inclusion of diaspora citizens in the 2027 General Election and all future electoral processes.
Dated May 21st, 2026.

25
The Issue
Kenyan citizens living in the diaspora are petitioning the Parliament of the Republic of Kenya (National Assembly and Senate), pursuant to Articles 37, 38, 119, and 232 of the Constitution of Kenya, and state as follows; THAT:
1. The Constitution guarantees every adult citizen the right to be registered as a voter and to participate in elections without discrimination. To wit, Article 38 is explicit that “every citizen has the right to be registered and to vote in any election or referendum”.
2. Article 82(1)(e) requires Parliament to ensure the progressive registration of citizens residing outside Kenya, while Article 88 obligates the Independent Electoral and Boundaries Commission (IEBC) to conduct continuous voter registration for all eligible citizens.
3. In spite of the constitutional obligations, the IEBC has repeatedly excluded diaspora citizens from voter‑registration exercises, including the recently concluded enhanced continuous voter registration exercise which ended on April 30th, 2026.
4. The historical record demonstrates a persistent pattern of disenfranchisement, evidenced by the fact that in 2022, less than 5,000 of the just over 10,000 registered diaspora voters cast their ballots, representing less than one percent of eligible diaspora citizens. This was a negligible ‘improvement from 2013 and 2017 when only a few East African countries allowed eligible Kenyans to vote.
5. The diaspora contributes more than KSh600 billion annually to Kenya’s economy, yet remains the least served, and least involved, constituency in the electoral system.
6. Whereas the IEBC has acknowledged the existence of millions of eligible Kenyans abroad, it (IEBC) has perennially failed to operationalize active registration and polling centers, thereby denying diaspora citizens a meaningful opportunity to exercise their constitutionally guaranteed political and voting rights.
7. It is obvious that under the current state of affairs, it is impossible for diaspora citizens to reasonably exercise their constitutional rights.
8. Parliament has a mandatory obligation and constitutional duty to, through legislative action, oversee IEBC, protect political rights, and remedy administrative failures that undermine democratic participation of citizens regardless of their geographical location.
We, therefore, petition parliament to:
9. Direct the IEBC to immediately roll out continuous voter registration at all Kenyan embassies, high commissions, and consulates worldwide, in compliance with Articles 82 and 88.
10. Require the IEBC to establish mobile voter‑registration centers in major diaspora hubs, including the United States of America, Canada, the United Kingdom, the European Union, Australia, the Middle East, and Africa.
11. Compel the IEBC to publish, within 30 days, a binding and publicly accessible 2027 diaspora voter‑registration roadmap, detailing:
a. Countries and cities where registration will occur
b. Registration timelines
c. Staffing and resource allocation
d. Diaspora polling stations
e. Technology and verification procedures
12. Amend the Elections Act and its Regulations to:
a. Guarantee automatic diaspora inclusion in all voter registration exercises
b. Expand diaspora voting beyond presidential elections
c. Allocate adequate funding for global electoral operations
d. Establish penalties for non‑compliance by IEBC
e. Require quarterly compliance reports from IEBC to Parliament, with specific reference to diaspora registration and readiness for the 2027 General Election.
We, further:
13. State that the diaspora will continue to mobilize globally to ensure that Parliament acts on this petition and that IEBC fulfills its constitutional mandate.
14. Affirm that diaspora citizens are not second‑class citizens, and we reject any electoral framework that relegates us to spectators in our own democracy.
15. Emphasize that inclusion of the diaspora in voter registration is not a privilege but a constitutional imperative that must be fought for all its worth.
Wherefore, your Petitioners, respectfully, pray that:
16. Parliament expedites the consideration of this petition, exercising its constitutional oversight authority to take all necessary steps to guarantee the full inclusion of diaspora citizens in the 2027 General Election and all future electoral processes.
Dated May 21st, 2026.

25
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Petition created on 21 May 2026