The struggle for prisoners’ voting rights: Analysing the constitutional right to dignity and sovereignty in Kenya

Author: Uday Makokha Keya
Third-year law student, Kabarak University

The values on sovereignty of the people, asserted in the constitution of Kenya, imposes on the state the duty to protect, promote and fulfil citizen`s right to elect their representatives as a way of exercising their sovereignty. This right should therefore be achieved through guaranteeing citizens the right to register as voters and, consequently, to elect their leaders. The constitution provides that, every person has a right without unreasonable restriction to be registered as a voter.[1] Therefore, any limitation to the right to vote, has to be necessary,[2] and in accordance to the law.[3]  The case of Kituo Cha Sharia V IEBC & 2 Others, affirmed prisoner`s right to vote and elect their representatives linking their right to vote to their dignity, and the exercise of their sovereignty.[4] To guarantee the right to vote to prisoners, they should have equally been provided with the right to register as voters and, to consequently vote in every election cycles.

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