INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (IEBC) V. NEW VISION KENYA (NVK MAGEUZI), KENYA DIASPORA ALLIANCE, SHEM ODONGO OCHUODHO, GICHANE MURAGURI & ATTORNEY-GENERAL

JUDGMENT

A. BACKGROUND

[1] On 31^st July, 2012, the 1^st to 4^th respondents filed a petition before the High Court at Nairobi, seeking a declaration that Kenyan citizens in the diaspora bear a fundamental and inalienable right to be registered as voters; to vote; and to seek elective office pursuant to Article 38(3) (a) and (b) of the Constitution of Kenya, 2010. They also sought a further declaration that Kenyan citizens in the diaspora who hold dual citizenship were eligible to be registered to vote, and to participate in the general elections. Finally, they sought an Order requiring the Independent Electoral and Boundaries Commission (IEBC) to provide voter-registration, as well as satisfactory voter-mechanisms for Kenyans living in the diaspora.

[2] On 15^th November, 2012, the High Court (Majanja J), delivered its Judgment, dismissing the petition.

[3] Aggrieved by the decision of the High Court, the 1^st, 2^nd, 3^rd and 4^th respondents appealed to the Court of Appeal, specifying their gro…