If Kenyans in Diaspora cannot vote as provided for in the Constitution, then the implication is that the Kenyan state has failed. If Parliament, the Judiciary as well as the Executive cannot take measures to implement the new constitution which guarantees the rights of Kenyans in Diaspora to exercise their democratic right to vote at national elections, then this catastrophic failure must be seen within the context of the corrupt Kenyan ruling class trying to maintain the status quo regardless of the consequences and in total disregard of the new Constitution.
How comes that Parliament has not realigned itself to ensure that fundamental rights of citizens engraved in the Constitution and rehearsed since 2010 cannot suddenly be implemented? Could this catastrophic miss be part of a wider conspiracy to “allow” the sellout Minister of Justice, Eugine Wamalwa, to act in a way that will, no doubt, benefit the masters of impunity in Kenya?
By virtue of being stationed outside the country, and, politically speaking, Kenyans in Diaspora are among the most informed members of the national population. Consequently, their vote can be critical in tilting the election results towards a more productive direction especially in a situation where there is no real political alternative.
Among all political parties and presidential candidates vying for power, there is no force that represents radical change that can transform the poor living conditions of millions of suffering Kenyans. The 2013 elections will, therefore, be an election about advancing the country’s democratic process forward, not choosing between different political ideas that can address the general politico-socio-economic crisis facing the country.
Already, there is ample evidence to demonstrate that the political players do not have the capacity to address the bread and butter issues that are the most important for vast sections of the Kenyan electorate. Denying Kenyans in Diaspora the right to vote will, therefore, be a huge mistake because this move will greatly demoralize these Kenyans who have shown that they have both the ideas and capacity to play a progressive role in the country’s development. It will be full-hardy to expect Diaspora Kenyans to seriously engage a government set up after they were disenfranchised. What is shocking is that no single politician (including the presidential candidates) have come up to condemn the announcement that Diaspora Kenyans will not be allowed to vote.
The immediate consequence of excluding Kenyans in Diaspora from voting is disenfranchisement while the long term consequence will be lack of legitimacy of the new government coupled with lack of its recognition by the disenfranchised.
Diaspora Kenyans should not remain passive
A good reminder of the democratic dilemma if Diaspora Kenyans are disenfranchised is whether citizens ought to know what they need to know about elections. That is, if there are citizens who know what they need to know, how are they thereafter to be disengaged from the electoral process? The stalling of the Diaspora voting process has certainly been constructed by persons with vested interests. The whole parliament must have a quick review of those who have addressed the issue of the Kenya Diaspora vote and the necessity of inclusion of this vote to ensure a successful election.
What choices and options must be reviewed to ensure that this decision is reversed or dropped immediately and possibility of Diaspora voting ensured? Kenyans in Diaspora must seek means to push for their rights to vote without compromise. They must seek for a more progressive paradigm shift which focuses on bringing leaders who violate the constitution to account.
Since its promulgation in August 2010, the new Constitution has been violated several times under different circumstances. Public demonstrations have been dispersed by police, political assassinations have been witnessed, human rights activists have been brutally attacked by state agents, corrupt politicians have walked away with cases of corruption, striking workers have been frustrated by the government while several other violations have come to the fore.
To prevent Kenyans in Diaspora from voting using flimsy excuses and in total violation of the Constitution will further weaken the confidence millions of Kenyans have on this important document. If Kenyans in Diaspora cannot vote, it will be safe to agree with critics who have posited that the Kenyan constitution is a piece of paper which can be torn into pieces and life will just go on.
The argument that there are no resources to fund the Diaspora vote is spurious, given the huge amount of money that has been wasted in bogus adventures like the war in Somalia or the huge amount of resources being used to fund MPs greed through unacceptable pay packs that have been opposed by Kenyans countrywide.
Kenyans in Diaspora should not remain passive as their fundamental rights are violated. Citizens of countries such as Iraq (which has gone through wars in their recent history) did manage to organize for their citizens abroad to vote. For a country like Kenya, which has been considerably stable in terms of internal wars to deny its citizens abroad their fundamental right to vote is tantamount to a declaration of war with Kenyans in Diaspora.
The matter should not be left to pass and we propose that Kenyans in Diaspora organize themselves for a massive opposition of this blatant violation to ensure that the vultures seeking to disenfranchise Kenyans abroad understand the real consequences of such an undemocratic action. If the decision cannot be reversed, Kenyans in Diaspora should refuse to recognize the next government.
Anybody elected to public office can only feel confident if the electoral process is inclusive. The ruled can only feel represented if they have a fair opportunity of choosing their leaders. A deliberate disenfranchisement of Kenyans in Diaspora, and in total violation of the Constitution will damage the growing good relationship between Diaspora Kenyans and any future government. It is a decision that ought to be reversed using any means possible.
Arne Malo and Okoth Osewe
Stockholm, Sweden
About the Author
Thaks ths diasporian nt voting u always pretent na bak raila
My two cents of advice to Kenyans living abroad (“Diasporans”) is to first consolidate the base,then get involved in heavy duty lobbying within the countries that we live and reside in .So long as we do not have cohesiveness as a whole then ,we will remain ineffective,no matter how many petitions we sign and peg our signatures to.
Take Sweden as an example,its my observation that no matter how vocal we get, as long as there is lack of any effective organizational framework that Kenyans living in Sweden can rally around as a complete unit.Nothing tangible will be achieved
We need to consolidate the base , first and foremost by finding out what unites us here in Sweden than that which divides us.Then we can begin to fight for our right to vote as one voice with one common aspiration.
At this moment in time ,the self appointed representatives in Sweden of various political parties that operate in Kenya have not even convened or organized a symposium where issues concerning Kenyans in Sweden can be addressed i.e the matter of being disenfranchised.From there it could be possible to rally around the resolutions that have been adopted..The self appointed representatives of these parties have greatly failed in this hour of need .
.Signing the petition is a way forward but physical participation in rallies and more presence in the Swedish media outlets ,enlisting those with access within the corridors of power in Sweden to voice concerns, could ,in my opinion garner some attention back home in Kenya where we need to be heard the loudest..
Let this issue of not being able to have a say in the way our country future is governed be a wake up call to us in Sweden and other lands .Let it galvanize the pent up frustration with the nonchalant attitude that leaders in Kenya take toward its citizenry.,
Finally some comments ,like the one that we should not in countries where we reside ,because we back Raila misses the point.Ones vote is a constitutional right not Railas right.
No matter how much passion we put in stating the obvious ,action will be what will move the stakes .
The call by Arne and Osewe is timely but will we be able to walk the walk .
Ean Wuod Luo
a journey is completed one step at a time. I agree that I amongst us in the diaspora are not united in the traditional manner as we suggested ought to be. however i am convinced that our platform is in the making to meet the prerequisites for a reframed.form.of governace that is outside of the current realms of percieving this pseudonationhood. I am for.encouraging and building capacities for healthy self determinarion and empowerment so leadership begins with the individual. I am encouraged by the fact any sense able democracy will only be serviced by informed citizenry encompassing an empathic stance to our self description and vision where we want to go with our most common logical progression.
Interdependanceubuntu is partly about galvenizing issuses however together as much as
Well said on the issue of diaspora voting..Here in the USA we are urgently mobilizing members of the diaspora community globally and file a lawsuit. we are looking for groups/individuals also in Europe to join us
ast month, the Kenya Government dramatically expelled a Norwegian company Statoil from the country after revoking its oil exploration licence. According to Energy PS Patrick Nyoike, the company, which had only been in Kenya for four months since August, had already breached the terms of its contract. The company had been awarded the unlicensed block L26 in deep offshore. “The government has set out conditions for all exploration firms that apply without exception but Statoil wanted to do it their own way, which was not agreeable to us,” said Nyoike. Though the incident seemed like a small disagreement between a foreign firm and a government determined to police oil exploration activities, it underpins growing fears of an uncertain future in the oil sub-sector. The unease is fuelled by the country’s growing profile as home to massive oil deposits in the face of a weak regulatory environment.
Open market
Already, exploration by Tullow Oil in two blocks in Northern Kenya has revealed vast oil deposits in the country. The huge oil find has revealed explorers’ subtle but firm emphasis that foreign firms undertaking exploration activities must be able to fully recover and profit from the resource. Tullow Oil Kenya Country Manager Martin Mbogo says Kenya needs to put in place a policy and regulatory framework that encourages investors at this early stage and sets the country on a path that will make this new resource a blessing. In neighbouring Uganda, where Tullow Oil also discovered vast deposits of oil, the company is growing increasingly fatigued with politicians — who insist that ‘foreigners’ will not exploit the country’s vast oil resources without a clear plan to benefit the country’s poor populace — especially the host communities. – The Standard.