High Court Upholds Embassy-Only Diaspora Voting System

Kenya’s High Court has dismissed a petition challenging the restriction of diaspora voting to embassies, high commissions, and consulates.

The case, filed in April 2025 by Danson Mukile and 92 other petitioners through the Kenya Diaspora Technical Working Group (DTWG), sought to expand voter registration and balloting options for Kenyans living overseas. The petitioners argued that Regulation 34(2) of the Elections (Registration of Voters) Regulations, 2012, effectively disenfranchises citizens who live far from diplomatic missions and violates constitutional guarantees of equality and political participation.

In its defence, the Independent Electoral and Boundaries Commission (IEBC) stated that the right to vote, while fundamental, is not absolute. The commission cited financial, logistical, and diplomatic constraints, emphasising that diaspora voting has been gradually expanded since its introduction, with new countries added in successive elections.

Justice Mugambi ruled in favour of the IEBC, finding the regulation constitutional. He noted that Article 82(1)(e) of the Constitution anticipates the “progressive realisation” of diaspora voting rights, allowing for staged implementation. The judge described the embassy-based system as a necessary compromise between electoral integrity, cost, and international arrangements. The petition was dismissed without costs, recognising its public interest nature.

The DTWG expressed disappointment at the ruling, highlighting that many Kenyans abroad must travel long distances, sometimes across borders, to cast their votes. In a statement issued on 11 June, the group said the judgment “means that these hardships, inequalities, and barriers will continue.”

Despite the setback, the group intends to continue advocating for reform. Options under consideration include lodging an appeal, lobbying Parliament to accelerate diaspora voting legislation, and engaging with the IEBC and the State Department for Diaspora Affairs. Proposed measures include online pre-registration systems to improve planning for the estimated four million Kenyans living abroad.