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Press Release

Date: Thursday November 29, 2012 To: All International and Kenyan Media Houses From: The Kenya Diaspora Alliance, Global Headquarters

Kenyans in the diaspora have expressed dismay and disbelief after the revelation by Hon. Eugene Wamalwa, Kenyas Minister for Justice and Constitutional Affairs that the Cabinet of President Mwai Kibakis and Prime Minister Raila Odingas Ruling Coalition has expressly decided that eligible voters outside of Kenya will not be able to vote in the General Election slated for March 2013.

In their response at a hastily convened emergency teleconference immediately following the Tuesday November 27, 2012 Cabinet announcement, leaders of the Kenya Diaspora Alliance (KDA), a transnational Federation comprising 28 Kenya Diaspora organizations, overwhelmingly condemned the decision terming it unilateral and unacceptable.

In an unprecedented show of commitment, the alliance members passed a raft of resolutions challenging the authorities to reverse the decision and ensure Diaspora Kenyans are not denied their right to vote. Said the session chairman, Mr. Robinson Gichuhi. Citizens right to choose leaders is an inalienable right. This right is enshrined in Kenyas new constitution under Article 83, sub-section 3. Diaspora Kenyans are within their right to demand for their full participation in the historic March 2013 elections, Mr. Gichuhi added.

The leaders dismissed the allegation by the cabinet that the Independent Electoral Commission (IEBC) lacked preparedness to handle the massive exercise of the registration of voters abroad. We have been trying to work hand-in-hand with the IEBC for over 3 years and even offered financial and technical support; but the IEBC, through its chairman, rejected our offer at a Kenya Embassy in Washington DC organized meeting in early 2012. Hence the citation by the government that it lacked logistical and financial resources was really an excuse to disenfranchise Kenyans abroad because they know the impact their participation will have on the outcome of the elections, said Mr. Hebron Mosomi.

We even offered and proceeded to build an online system that is secure, tested and elaborate enough to ensure that any Kenyan living outside of Kenya would be able to exercise their constitutional right per Section 83 Sub-section (3) of the Kenya Constitution, said Ms. Mkawasi Mcharo, one of the participants. . The site, https://www.kenyansabroadvote.com/ allows eligible Diaspora voters to sign-up via the Internet (and extensible to accept secure SMS), should IEBC accept to use online registration and voting for Diaspora. KDA aims to have 1 million eligible, potential Diaspora voters to sign-up by close of registration date.

The leaders could not come to terms with the statement from the Minister that it is not practical for the them to take part now. The leaders at the meeting were not impressed by the total lack of order demonstrated by the Cabinets statement and felt that it was an indication that there are forces within the Kenyan political system that are bent on stopping the Diaspora from becoming full participants in Kenyas political development, said Dr. Githua Kariuki, Mr. Alex Momanyi, Ms. Annette Ruah and Mr. Symon Ogeto. However, the alliance vowed to continue to fight for the Diasporas rightful place in Kenyas national affairs.

The leaders joined Kenyans in the Diaspora in condemning this decision overwhelmingly as an unwarranted retraction of a right entrenched in the new Kenyan constitution. They consider the grounds for the cabinet decision injudicious, frivolous and, without foundation in law and in fact, said Dr. William Yimbo. Indeed, the action seemed to confirm their fear that an invisible hand could have been behind the shocking, retrogressive ruling against a court petition KDA had filed to facilitate Diaspora voting and representation. It only fortified their resolve to proceed to expeditiously appeal and vigorously contest the court decision in the Appeal Court, added Dr. Shem Ochuodho while in the meeting via global link.

Shifting Goal Posts

The leaders at the meeting were of the opinion that authorities in Kenya are using conjecture, innuendo and subterfuge to hoodwink and disenfranchise them. For example, the shifting of goal posts by using controvertible rationalizations of their actions such as logistics, the un-researched numbers of Kenyans living overseas, and, resources, among others. It goes to show that the authorities are desperate for an excuse to deny the Diaspora their rights, said Mr. Benson Metho and Mr. Isaac Newton Kinity.

Legal Question

The legality of the Cabinet to make such a move came into question during this leaders meeting. It appears that the Cabinet has over-stepped its bounds for obvious reasons, The leaders declared that the Kenyan Cabinet does not have the authority to stop the Diaspora from voting. They felt that the announcement sounded like some decrees announced in some banana republics and had ill-intentions. The leaders asserted that the decision has no merit and no standing. The Cabinet ignored the legal and due process and in a meeting that was not publicized at all, they made a decision that they will stand to regret. came forth a general consensus among the attendees. What the Cabinet purported to do was illegal and unconstitutional. It usurped the authority of IEBC (which is the body constitutionally mandated to conduct elections) and issued a legally untenable decree, said one of KDAs legal counsel, Mr HenryOngeri.

Polling Stations & Online Voting

In the case of the United States, 3 polling stations as recommended by the IEBC was seen as impractical and not in line with a true effort to have full participation of Kenyans in the region.

To date, the diaspora is aware that some funds had already been allocated to voter registration and the voting process. This, the leaders said, was a step in the right direction. For an adverse statement, however, to come from a source that was not directly involved in the implementation of the constitution, demonstrates a total lack of political sensitivity and was seen as an affront to Kenyans abroad. The diaspora has been pushing for an elaborate system of voting that would not require travel to any polling station. KDA research associates indicate that several countries around the world, have effectively and successfully used online voting. . The research associates and computer experts within the diaspora are prepared to hand over and fine-tune the bank-standard secure system they have created that would reduce costs and make the work of IEBC easier.

Demonstrations

In light of the outrage within the Kenya Community, leaders at the meeting also endorsed a potential use of demonstrations around the world if the Kenyan Cabinet fails to rescind this decision including the adverse adjudication of the lawsuit that KDA filed in mid-2012. Kenyans are ready to bring attention to this disenfranchisement. We are not taking this lightly, Mr. Peter Keere said.

There are credible reports that Kenyans around the world are already planning demonstrations even prior to our press release. This shows the anger and aggravation that statements coming from Nairobi are producing.

On the Diaspora Voter Set-up

1. The Kenyan cabinet overstepped its authority in the announcement made to parliament Tuesday. The Diaspora, including legal experts, feel that the matter lies squarely within the realm of IEBC responsibility;

2. An elaborate online system should be sought and implemented to solve the issue of polling stations. IEBC should stop pretending that the Internet does not exist and take advantage of major security advancement to ensure a free and fair election. If it has to be a physical voting exercise, then there are no known or written parameters on the number of voters required to establish a voter registration center. BVR kits should be deployed or set up at polling stations recommended by a recent report that had been submitted by the Diaspora to Kenyas Ministry of Foreign Affairs. There are numerous voter registration/polling centers with less than 1000 eligible voters that have been readily supplied with BVR kits, staff and other logistics back in Kenya.

3. Proper diaspora headcount is being coordinated by several groups, businesses and individuals in the United States and in other parts of the world, and can be concluded with IEBC or GoK cooperation before mid-December. Figuring ranging from 26,000 to 150,000 Kenyans abroad is another example of attempts to bar the Diaspora from effective participation in a free and fair election.

4. The Kenyan Diaspora has been ready and still willing to use its technical knowhow and expertise to make the next general election a model exercise free of flaw and dispute. Failure to include Diaspora in the vote will be a sure recipe for protracted post-election law suits challenging validity of the vote, a situation that can be avoided NOW.

KDA Resolutions

In this extra-ordinary meeting within the Kenyan diaspora, the leaders discussed and ratified various resolutions and made pronouncements to counter the announcement from Nairobi. Resolutions were centered on the following:

The meeting was attended by the following: Mr. Robinson Gichuhi (DMK), Ms. Mkawasi Mcharo (KCA), Mr. Ben Metho (KDDF), Mr. Hebron Mosomi (K4C), Mr. Peter Keere (Atktive)., Ms. Annette Ruah (KIC), Dr. Githua Kariuki (IADDS), Mr. Isaac Newton Kinity (KIKIMO), Mr. Alex Momanyi (KINC), Dr. William Yimbo (KDDF), Mr. Henry Ongeri (KDA Legal Counsel) and Mr. Symon Ogeto (CKO), Dr. Shem Ochuodho (NVK), Mr. Anthony Lenaiyara (China), Mr. Anthony Mwaura (Finland), Mr. Thomas Musau (UK), Apologies from: Mr. Ngethe Mbiyu (KDMJ), Ms. Sharon Opuge (Iceland), Mr.Johvine.Wanyingo (Nigeria), Mr Francis Opondo, ), Mr. Shem Okore (Zimbabwe), Mr. Oscar OLawrence (KUDIMA, Dubai) and also other leaders worldwide who could not attend due to time difference.

PRESS CONTACT:

For more information and further details, please contact the Kenya Diaspora Alliance at press@kenyadiasporaalliance.org

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Kenya Diaspora Alliance (KDA) | The New Kenya Has Arrived

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