A Kenyan resident of the United Kingdom, Eliud Karanja Matindi, filed an application with the Court of Appeal to stay a High Court judgment that may prevent Kenyans living outside the East African Community from using national identity cards for voter registration ahead of the 2027 General Election.

Matindi’s case, listed as Civil Application No. E367 of 2025, seeks a stay of the judgment delivered by Justice Lawrence Mugambi on 22 May 2025 while his appeal is considered.

Matindi argues the High Court erred in deeming the distinction constitutional and contends that the regulation had already lapsed under Section 21 of the Statutory Instruments Act, rendering it without legal force at the time of the judgment.

He stresses urgency because voter registration for the 10 August 2027 election is already underway, and without a stay, diaspora Kenyans outside the EAC could be barred from registering with their IDs, effectively excluding them from voting.

Matindi asserts that denying registration would breach the constitutional right to vote under Article 38 and could not be remedied after the election, invoking Articles 24 and 27 to question the reasonableness of the restriction.

He also notes that the Independent Electoral and Boundaries Commission previously allowed Kenyans abroad to register using original national IDs, suggesting the current restriction is unnecessary.

The application, dated 29 May 2025, includes recent submissions signed on 7 October 2026, underscoring the timeliness of the appeal as the registration deadline approaches.