Kenyan in UK Challenges Voter‑Registration Rules for Diaspora at Court of Appeal

A Kenyan living in the United Kingdom has asked the Court of Appeal to suspend a High Court judgment that could prevent Kenyans living outside the East African Community from registering as voters using their national identity cards ahead of the 2027 General Election.

Eliud Karanja Matindi, the first applicant in Civil Application No. E367 of 2025, wants the appellate court to stay the judgment delivered by Justice Lawrence Mugambi on May 22, 2025, pending determination of his appeal.

Matindi argues that the dispute centres on Regulation 37 of the Elections (Registration of Voters) Regulations, 2012, which differentiates between Kenyans living within the East African Community and those living outside the region.

According to his submissions, Kenyans living in EAC countries can register using either their national identity cards or passports, while those living outside the EAC are required to use valid Kenyan passports. He argues the High Court erred in finding the distinction constitutional.

He further argues that the regulation had already lapsed under Section 21 of the Statutory Instruments Act and therefore had no force of law when the High Court delivered its judgment.

Matindi has told the appellate court that the issue is urgent because continuous voter registration ahead of the August 10, 2027 General Election is already underway.

He warns that without a stay, Kenyans living outside the EAC will be unable to register using their IDs, potentially locking them out of the 2027 election.

“In the event the appeal succeeds, those citizens would have lost the opportunity to register as voters and vote in the 2027 elections,” Matindi says.

He argues that such a denial would violate the constitutional right to vote under Article 38 and could not be remedied after the election.

Matindi has also told the court that his appeal raises several arguable questions, including whether the voter-registration restriction is reasonable and justifiable under Articles 24 and 27 of the Constitution and whether IEBC’s previous registration of Kenyans abroad using original national IDs demonstrated that the restriction was unnecessary.

He has urged the court to find that protecting the right to vote is in the public interest, arguing that fundamental rights cannot be limited except as permitted by the Constitution.

The application was dated May 29, 2025, while the latest submissions were signed by Matindi on October 7, 2026.