STOP the BULLET! BLOG

In November 2012, it was revealed by the Independent Electoral and Boundaries Commission (IEBC) that the mandate within the Kenya constitution of August 2010 that all Kenyans can vote in national elections will not include most Kenyans from the diaspora. Due to dismal planning and coordination ahead of elections, only Kenyans living in select East African nations (Tanzania, Uganda, Rwanda and Burundi) are eligible to vote, locking out a conservative estimate of some 700,000 Kenyans , according the Ministry of Foreign Affairs, or as many as 2 or 3 million according to news reports in 2013 and 2011, respectively. However, in December 2012 it was revealed that the Kenyan Diaspora, long considered an asset in building Kenya’s wealth, investing in real estate, bonds, and family “[sent] home a total of [approx] Sh102 billion last year, up from Sh75.7 billion in 2011. The 31.4 per cent growth places the diaspora remittances as among the top four foreign exchange earners for Kenya after tea, horticulture and tourism” according to All Africa news. Considering the role of the Kenyan Diaspora contribution to the national economy, one must consider how losing the ability to vote should not further disenfranchise Kenyans living abroad. 

Without the ability to vote in elections, some Kenyans abroad took their grievances to court against the Ministry of Justice and Constitutional Affairs, IEBC, Commission for the Implementation of the Constitution (CIOC) and the Attorney General (AG). At least two separate suits alleged violation of the constitution in December 2012. However, the most notable case was brought forth by Jaffer Isaak Kanu on behalf of Kenyans living abroad demanding the suspension of the election until the IEBC ruling was overturned and the diaspora could vote. Kanu’s suit cited Article 1 and Article 10 of the Kenyan Constitution guaranteeing Kenyans the sovereign right to vote in free and fair elections and the national values/principles of governance, respectively. By early January 2013, Mr. Kanu’s case against the IEBC was dismissed by judge Isaac Lenaola. Judge Lenaola stated “to the extent that the right to vote by the diaspora is one of the few instances in the Constitution where a right is to be realized progressively and not instantly, then it can be said that IEBC has done something in the circumstances since it has set in place the legal mechanism for the exercise of the right and has actualized it by registering voters in the East African region.” A second suit was also dismissed by High Court judge David Majanja who reasoned, according to The Nation newspaper that “voting does not occur in a vacuum as it requires a legal and administrative framework.”

Therefore, without the ability to vote in upcoming elections, the majority of Kenyans abroad, a demographic akin to swing voters in recent U.S. presidential elections, are deeply frustrated. Recent polls place presidential candidate Raila Odinga a marginal 6 points ahead at 46% of main competitor Uhuru Kenyatta at 40%. Although Odinga and Kenyatta, who is indicted for crimes against humanity by the International Criminal Court (ICC), remain as top competitors, there are a total eight presidential hopefuls vying to be president of Kenya. Therefore, the prospect of a second round election between the top two candidates, put forth in the constitution if a single candidate does not receive 50% of the votes cast nationally and 25% of the votes in at least 24 of the 47 counties nationwide, is highly possible. A reported 14.3 to 14.9 million Kenyans are registered to vote, though the IEBC hoped to register 18 million in a nation of about 40.1 million Kenyans. While less than 2,000 Kenyans abroad in East Africa registered to vote with IEBC. 

Kenya is undoubtedly at a crossroads. Kenyans in Kenyan need greater job security to deal with the increasingly high cost of living. On the other hand, the Kenyan Diaspora undoubtedly contributes a proportion of real economic gains, as well as, symbolic economic potential for Kenya nationally and abroad. While the IEBC ruling to exclude the vast majority of Kenyans abroad for voting on March 4th 2013, for logistical reasons what upheld in court, the Diaspora is a force to be reckoned with in upcoming elections. For Kenyans living outside of their home country, the best course of action at this time is to take to social media and online portals generated by independent collectives to monitor election progress and mischief. Crowdsourcing portals like Ushahidi and news aggregators like Google Africa with the Kenya Election Hub, must be utilized. Concerned Kenyans can also identify an effective nonviolent and inclusive organization like Duara Foundation, who they can count on to advocate for peace during the election cycle by donating and/or sharing the cause. The Diaspora should stay informed, advocate for themselves, friends, family and look to future elections to further impact the nation.