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Home»Briefing»Bill proposing mandatory voter registration vague on implementation
Briefing

Bill proposing mandatory voter registration vague on implementation

Silas ApolloBy Silas ApolloJuly 3, 2023No Comments2 Mins Read
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Kenyans who have attained the age of 18 years may soon be required to register as voters six months after receiving their identity cards if a Bill seeking to enforce timelines for registration of voters is passed by Parliament.

The proposed Elections (Amendment) Bill, 2023 sponsored by Laikipia senator John Kinyua, seeks to revise the Elections Act to compel individuals who turn eighteen to register as voters within a defined timeframe after receiving their identity cards.

The Nairobi Law Monthly September Edition

The proposed legislation aims to enforce specific deadlines for new voters to register upon acquiring eligibility.

Under the current legislation and constitutional provisions, adults face no undue restrictions when registering as voters. In fact, voter registration is a continuous process that can be conducted at any moment.

The Bill proposes that new voters should register within sixty days of receiving a national identity card or Kenyan passport. 

Moreover, it assigns the Independent Electoral and Boundaries Commission (IEBC) the responsibility of finalising the registration process within thirty days of receiving an application.

Currently, the draft Bill is under review by the Standing Committee on Justice, Legal Affairs and Human Rights (JLAHRC), chaired by Senator Hillary Sigei. 

The Committee has a two-week deadline to deliver its report to the Speaker, after which the Speaker might allow the Bill to be officially published. 

During its sitting, the Committee is expected to, among other things, scrutinize clauses of the proposed law such as the need to mandate voter registration upon reaching the age of eighteen. 

Other issues also include the fact that despite mandating registration, the proposed law equally fails to propose a system to ensure adherence to this requirement, thus complicating monitoring and enforcement.

The Bill also omits provisions for individuals who have already obtained identity cards but have not yet registered to vote by the time the amendment is implemented.

The Committee is also expected to review whether the Bill may go against the provisions of the Constitution, such as the Article that protects the right to voluntary voter registration.

It is worth noting that while the Committee can scrutinize the potential impacts, effects, and outcomes of the proposal, and even recommend changes to the sponsor, they are not obliged to integrate these suggested amendments.

The Nairobi Law Monthly September Edition

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Silas Apollo

The Nairobi Law Monthly September Edition

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