Maraga urges IEBC to resume voter registration, warns delays disenfranchising youth
Maraga cited Article 88(4)(a) of the Constitution, which obliges the IEBC to conduct continuous voter registration. He criticised the commission for suspending the process since 2022, saying it has given “frivolous excuses” while violating the law and denying youth the chance to participate in elections.
Former Chief Justice David Maraga has called on the Independent Electoral and Boundaries Commission (IEBC) to immediately resume continuous voter registration, warning that delays are disenfranchising millions of young Kenyans eligible to vote.
In a statement on Friday, Maraga cited Article 88(4)(a) of the Constitution, which obliges the IEBC to conduct continuous voter registration. He criticised the commission for suspending the process since 2022, saying it has given “frivolous excuses” while violating the law and denying youth the chance to participate in elections.
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“The Commission cannot continue picking and choosing which of its constitutional duties to undertake based on political patronage,” Maraga said.
He also accused the IEBC of acting selectively, noting that while it has refused to register voters for years, it “over-enthusiastically cleared the nomination of Kithure Kindiki when he was selected as DP.”
Maraga further pointed out that the commission has hindered legal attempts by Kenyans to recall their Members of Parliament.
He called for urgent action, demanding that the IEBC commence the continuous voter registration process and conduct a nationwide voter registration campaign.
“The Registrar of Persons must facilitate the issuance of national identification cards to all the youth who have attained the age of 18,” Maraga said.
He also appealed directly to young Kenyans to ensure that they have their national ID and register to vote. “Your power is in your ID and your vote,” he said.
Recently, the Commission revealed that Kenya lacks legislation outlining the grounds and procedures for recalling a Member of the National Assembly or the Senate.
“This legal gap arises from the High Court’s ruling in Katiba Institute and Transform Empowerment for Action Initiative (TEAM) v Attorney General & Another [2017] KEN 4648 CALA. In that case, provisions within the Elections Act 2011 were declared unconstitutional for being discriminatory,” the IEBC said in a statement.
The commission noted that while there is no legal framework for removing MPs or Senators, Members of County Assemblies (MCAs) can be recalled under Article 104 of the Constitution.
“While Parliament subsequently amended the law to address the recall of MCAs, no such amendments have been made regarding Members of Parliament,” the IEBC added.
Affirming its commitment to upholding the public’s right to recall, the electoral body said it has written to Parliament seeking legislative provisions to enable the recall of MPs and Senators.
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