A Kenyan resident of the United Kingdom, Eliud Karanja Matindi, has filed an application with the Court of Appeal to suspend a High Court judgment that may prevent Kenyans living outside the East African Community from using national identity cards to register as voters for the 2027 General Election. Matindi's application is in Civil Application No. E367 of 2025, and he is seeking a stay of the judgment delivered by Justice Lawrence Mugambi on 22 May 2025 while his appeal is considered. This case has significant implications for diaspora Kenyans who wish to participate in the upcoming election.
Matindi's submissions focus on Regulation 37 of the Elections (Registration of Voters) Regulations, 2012, which distinguishes between Kenyans residing within the East African Community and those living elsewhere. He contends that the High Court erred in deeming this distinction constitutional. According to Matindi, Regulation 37 had already lapsed under Section 21 of the Statutory Instruments Act, rendering it without legal force at the time of the judgment. This, he argues, is a critical factor in his appeal.
The applicant emphasizes the urgency of the matter, noting that continuous voter registration for the 10 August 2027 election is already underway. Without a stay, Matindi warns that diaspora Kenyans could be excluded from the roll. He argues that denying registration would breach Article 38 of the Constitution, which guarantees the right to vote. This right is fundamental to the democratic process, and any restriction on it must be carefully considered.
Matindi further points out that the Independent Electoral and Boundaries Commission previously allowed Kenyans abroad to register using original national IDs. This, he suggests, indicates that the current restriction is unnecessary. By allowing diaspora Kenyans to register with their national IDs, the Commission can ensure that all eligible citizens have a chance to participate in the electoral process.
In his application, Matindi urges the appellate court to recognize that protecting the constitutional right to vote serves the public interest. Any limitation on this right, he argues, must be expressly permitted by the Constitution. The applicant is seeking a stay of the High Court judgment to ensure that diaspora Kenyans are not unfairly excluded from the electoral process.
The application was originally dated 29 May 2025, with the latest submissions signed on 7 October 2026. This case has been ongoing for some time, and the Court of Appeal's decision will have significant implications for Kenyans living abroad. The court's ruling will determine whether diaspora Kenyans can continue to register using their national IDs.
The outcome of this case will be closely watched by Kenyans both at home and abroad. The right to vote is a fundamental aspect of democracy, and any restrictions on this right must be carefully considered. The Court of Appeal's decision will provide clarity on the issue and ensure that the constitutional rights of all Kenyan citizens are protected.
Key points
- The applicant, Eliud Karanja Matindi, argues that the High Court erred in deeming the distinction between Kenyans residing within the East African Community and those living elsewhere constitutional.
- Matindi contends that Regulation 37 of the Elections (Registration of Voters) Regulations, 2012, had already lapsed under Section 21 of the Statutory Instruments Act, rendering it without legal force at the time of the judgment.
- The case has significant implications for diaspora Kenyans who wish to participate in the upcoming election.
