Inmates Demand Right To Vote For Other Leaders Apart From Presidential Candidates Amidst Voter Registration Drive

NAKURU,Kenya, Oct, 28 – Under Kenyan Law,every adult citizen has the right, without unreasonable restrictions,to be registered as a voter and to vote by secret ballot in any election or referendum.

As the country fast approaches the 2022 General Elections, the Independent Electoral and Boundaries Commission (IEBC) is vigorously encouraging Kenyans to register as voters amidst an ongoing exercise targeting millions of new voters.

Amongst those seeking to be registered are Kenyans under incarceration across various correctional facilities nationwide.

At the Naivasha GK Prison, scores of inmates were deemed eligible and registered as first time voters. It is a move that has seen inmates buzzing with excitement as they seek to exercise their constitutional rights.

As progressive as the move is, inmates are now advocating for further voting rights that will see them vote for not only presidential candidates but also other elective positions including, the Members of county Assembly, Members of Parliament, Women Representatives,Senators and even Governors.

“We are shall now petition the courts to allow us to also vote for the other seats as we have the rights just like our colleagues out there despite being incarcerated. They will be able to help us formulate laws that affect us within the prisons,” said inmate, Samuel Otieno.

They termed the provision to elect only the president as unfair and discriminatory in nature while being against the spirit of the constitution.

Several other inmates according to the IEBC could not be registered as they did not posses an identity card. The Prisons Service however says they are working closely with relevant authorities to ensure that those deemed eligible receive their IDs in order to be registered as voters.

Several inmates either do not posses IDs after losing them while some are said to be in possession of investigating agencies.

“We have spoken to the registrar of persons to assist in addressing the issue of IDs which is a major challenge in the prison,” said Officer in charge Naivasha GK Prison Hassan Tari.

IEBC officials revealed that they are targeting at least 1,000 new voters at the facility.

Championing For Voting Rights For Inmates

In 2010, a court ruled in favour of inmates at Shimo La Tewa Prison who filed a potion seeking o be granted the right to vote in the then referendum for a new constitution.

It was ruling hailed by several key stakeholders including the Kenya National Commission on Human Rights.

“It is a credible decision.The punishment is supposed to be reformative and when people are incarcerated they lose their freedom but other rights should stay,” said Hassan Omar, former Commissioner,KNCHR IN 2010.

In 2013, Kituo Cha Sheria also filed a petition seeking to uphold voting rights for inmates.

They sought among other orders: “For a declaration that prisoners in Kenya possess the fundamental and an inalienable right to be registered as voters and to vote pursuant to Article 38 (3)(a) and (b) of the Constitution of the Republic of Kenya.,”

“That the Honourable Court makes a finding that the 1st respondent’s (IEBC) exclusion of prisoners from voter registration exercise is illegal and a violation of their fundamental rights to be registered as voters and to vote in the forthcoming elections and subsequent elections and referenda,”

Inmates across Kenya’s correctional facilities have voted since 2017. They however now hope to be able to vote for not only the presidential candidates but also other elected leaders in various positions.