The Interim Independent Electoral Commission says orders by Interim independent constitutional dispute resolution court to register prisoners countrywide within 21 days pose logistical and operational challenges.
IIEC chairman Issack Hasaan says the ruling has come too close to the referendum date.
Hasaan however says allowing prisoners to participate in the forthcoming referendum was a positive move towards ensuring that all Kenyans are given a chance to exercise their democratic rights.
But even as Hassan lamented this new development, the Interim independent constitutional dispute court declared as urgent a petition filed to have the IIEC re-open electronic voter registration, to allow Kenyans in the Diaspora vote during the referendum.
The court however failed to grant the petitioners temporal orders to stop the work of the IIEC pending the determination of the suit.
In the beginning of the year, the Kenyans in the diaspora had demanded an opportunity to elect a representative to Parliament.
Speaking on behalf of the Kenyan Community Abroad, Mr John Maina said it was impractical to ask those in the diaspora to travel to their rural areas to vote.
"If we contribute so much to our gross domestic product, and we keep Kenya going when donors are pulling out, we certainly need to be represented in the August House."
According to Central Bank of Kenya statistics, Kenyans in the diaspora channelled close to Sh47 billion back home in 2008 alone, while between January and March, last year, they sent close to Sh12 billion.
Several countries that have the idea, including Britain, India and Nigeria.
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