President William Ruto recently declared that Somali nationals living in Kenya should be issued with national ID cards. The statement has raised legal and constitutional questions.
Kenya’s Constitution, under Article 38, gives every citizen the right to vote. However, Article 83(1)(b) clarifies that only a citizen who has registered as a voter is qualified to vote. Article 12 also states that only a citizen is entitled to a Kenyan Identification Card.
So, if Somali nationals are issued Kenyan IDs, does that automatically make them citizens? Will they be allowed to vote?
The worry is that this could be used to boost numbers in some regions. It might tilt the political balance.
While it’s important to include long-term residents in national systems, it must be done legally. Citizenship must be granted through lawful processes. If not, IDs in the hands of non-citizens could lead to unconstitutional voting.
Kenya must tread carefully. If IDs are issued without proper vetting, non-citizens could find their way into the 2027 voter roll. That would be unconstitutional and dangerous.