Politicians opposed to the proposed constitution have said they are unhappy with a court ruling that opened the door for prisoners to vote at the Kenya referendum.
The head of the ‘No’ secretariat, Tom Namwamba said the No team is opposed to a dispute resolution court ruling allowing inmates to participate in the August 4 vote.
Speaking to the Nation on phone, Dr Namwamba said the law does not allow the Interim Independent Electoral Commission to re-open the voters register to enroll the convicts, saying “technically prisons are also restricted areas and some agents might be blocked from overseeing the polls".
“It would be difficult for us to have agents.”
Morally, he said, convicts are supposed to be deprived certain rights including freedom of association, expression and participation “as punishment for crimes they committed".
“Bending the law to allow them to vote negates principals of justice,” Dr Namwamba said.
Promise amnesty
Dr Namwamba accused proponents of the proposed constitution, some of who have declared the referendum a government project, of realising they were set for defeat and thus allegedly want to use the prisons to rig the polls.
“They want to intimidate and lure prisoners to support the proposed constitution and promise them amnesty after the referendum,” he claimed.
Allowing the prisoners to vote for the first time in Kenya’s history, Justices S. Mukunya, Sankale ole Kantai, Scholastica Omondi, Jamila Mohamed and Mburugu M’Kkanata, sitting as the Interim Independent Constitutional Dispute Resolution Court, however, restricted the right to prisoners of sound mind, who have not committed election offences.
Attorney General Amos Wako was ordered to open up the jails for IIEC staff to register prisons. The prisons will be gazetted as polling stations.
The ruling arose from a case filed by Shimo La Tewa prisons inmates, who argued that the constitution bars them from voting in General Elections, but not in a referendum.
At the same time, Dr Namwamba revealed that a funds drive to raise money for its operations had been rescheduled.
Defect to No camp
The fundraiser slated for Thursday at Railways Club in Nairobi will now be held on Thursday next week following a request by some Kenyans in the diaspora to be given time to attend.
“Some want to travel and attend. There are also some logistical issues we wanted to finalise as we have realised our following is growing by the day,” Dr Namwamba said.
The official said some six MPs and other personalities from the Yes camp had also called for the postponement to enable them defect and be officially received during the drive.
The defections, he said, would send ‘shockwaves’ in the referendum campaigns.
The No group also supported some US congressmen move to caution the Barack Obama- administration not to influence or finance the referendum debate in Kenya.
Dr Namwamba said his team would write a protest letter to the African Union and the United Nations over some foreign government’s interference in the exercise.
Meanwhile, the official said the proposed constitution opponents were finalising compiling constituency referendum committees as the clock ticks towards the poll.
On Friday, the Higher Education minister Wiliam Ruto- led team will be in Makueni to woo followers ahead of another rally in Kibwezi Saturday.
“On Sunday we will be in Nakuru to show the Yes team, who were there last week, that the place is a No zone,” Dr Namwamba said.
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