This archive report was first published on 24 September 2019.
Published on September 24, 2019, a man named Wilson Kinyua has taken the Independent Electoral and Boundaries Commission (IEBC), the Kenya Prisons Service, and the Attorney-General to court over the right of prisoners to vote in all elective posts.
Currently, prisoners can only vote in the presidential election, a limitation that Kinyua argues violates their right to participate in elections.
According to Kinyua, prisoners remain exposed to a repeat violation of their right in the next general election if the court fails to address the issue.
"The logistical excuse for the denial or limitation of right was not reasonable and justifiable," Kinyua said. "Prisoners, just like other electorates, are entitled to local leadership that may enhance their registration and social security after serving their sentences."
Similar cases have been taken to court before, with a 2013 ruling by High Court Judge David Majanja declaring that prisoners are entitled to be registered as voters and have the right to vote under the Constitution.
However, the IEBC complied with the directive but limited voting for prisoners to the presidential vote only.
