Expired Passports Could Lock Kenyans Abroad Out of 2027 Polls as Lawyer Files Appeal
UK-based lawyer and activist Eliud Karanja Matindi has filed an appeal challenging the requirement for Kenyans living outside the East African Community to hold valid passports to register as voters.
The appeal, filed in early October, asks the Court of Appeal to suspend the current voter registration rules pending a determination of their constitutionality. Matindi argues that the requirement unfairly restricts the voting rights of citizens living abroad.
Under the existing framework, Kenyans living in the country and those residing within the East African Community can register to vote using their national identity cards. However, citizens living in other parts of the world must present valid passports.
Matindi contends that the distinction creates unequal treatment among Kenyan citizens and imposes an unnecessary barrier to exercising their constitutional right to vote. He argues that a national identity card should be sufficient to establish eligibility for voter registration, regardless of where a citizen lives.
The case comes as preparations for the 2027 General Election gather pace. With voter registration activities under way, Matindi is seeking an expedited hearing, arguing that delays could prevent eligible Kenyans abroad from participating in the election. He maintains that citizens who lose the opportunity to vote during an election cannot easily recover that right afterwards.
The appeal follows Matindi's previous public-interest cases challenging government decisions and public appointments on constitutional grounds. His legal actions have attracted differing views, with supporters regarding them as a means of holding public institutions accountable, while critics argue that some policy disputes should be resolved through administrative or legislative reforms.
The Independent Electoral and Boundaries Commission (IEBC) has defended the passport requirement on the grounds of citizenship verification and the practical challenges of conducting elections abroad. Electoral officials argue that passports provide a reliable way to confirm citizenship and identify voters registering through designated diplomatic missions.
Previous court decisions have upheld the legality of the requirement, allowing the commission to continue applying the existing rules. The latest appeal seeks to reopen the question of whether the policy is consistent with constitutional protections for political participation and equality.
Diaspora campaigners argue that the right to vote should not depend on possession of a valid travel document. They maintain that Kenyan citizenship, rather than the validity of a passport, should determine whether an individual is eligible to register.
The cost and difficulty of renewing passports abroad have added to their concerns. Kenyans living in Europe, North America and other regions may face high fees, lengthy processing times and limited access to consular services. Students, migrant workers and professionals whose passports have expired could therefore encounter difficulties registering, even when they hold valid national identity cards.
The dispute also concerns the wider role of Kenyans living abroad in national affairs. The diaspora contributes billions of shillings annually through remittances, supporting households, businesses and investment projects. Campaigners argue that these contributions should be accompanied by equal opportunities to participate in national elections.
