This week, I met a group of Kenyans living in the Diaspora with whom I engaged in a lively discussion on constitutional review. Of particular interest were the provisions in the Proposed Constitution that directly affect them.

It is estimated over 2.5 million Kenyans live abroad, and last year alone they sent $609 million (Sh45.7 billion) in remittances ranking them as the fourth biggest source of foreign exchange and contributor to growth of the national economy after horticulture, tea and tourism. This might explain why on the eve of every General Election, all presidential candidates trawl communities abroad for financial and moral support. But what do they get in return? The community abroad remains disenfranchised, since one must be physically present in Kenya in order to register and vote. The reciprocating reward they demand is the ability to vote in elections. This right is captured in the Proposed Constitution which provides that citizens living outside can participate in elections, meaning they can register as voters and vote at their respective country missions instead of having to return home. This will ensure that high level political visits to a vote rich Diaspora will be pegged to accountability and result based delivery on promises made.

The community has also made demands for representation in Parliament, to ensure the needs of their peculiar constituency are addressed adequately. This is a reasonable request. The debate on whether the Diaspora should have parliamentary representation is also a current topic in Haiti and Sri Lanka, where there is a push to link taxation as a basis for representation. Here we can also determine the criteria and method for such representation. There are certain possibilities which can be explored. For example, the Proposed Constitution provides for both elected and special seats, including 12 positions reserved for marginalised groups. These seats will be filled by candidates provided for through a party list which is open to public scrutiny and submitted to the Independent Electoral and Boundaries Commission ahead of the General election. The special seats are divided based on the number of constituency seats won by each party. I see nothing that prevents the Kenyan Community abroad from ensuring through enabling legislation that one of these 12 seats goes to them. The candidates would vie through their respective party lists and the seat would go to the candidate whose party has most elected seats. The runner up could then act shadow MP for the Diaspora, holding the MP-designate accountable on deliverables. This would mean intensive campaigns and canvassing for the votes of Kenyans abroad, a frenzy that would match the politics on the ground at home. But then again, this is not something new.

A legal framework for dual citizenship has been long overdue. We need to consider that although many Kenyans living away have taken up residence or citizenship of their host countries, they maintain strong linkages with family, property and business investments back here in the motherland. It is, therefore, imperative that the law reflects this duality to encourage an environment that will encourage even more investment. The Proposed Constitution does provide for dual citizenship for Kenyans by birth, extending to second-generation children. The only hitch might be that dual citizenship is not open to all elected and most appointed State officers, including members of Parliament, although it would not affect their spouses and families. Still, those wishing to run for political office need to take cognisance of this.

The writer is an advocate of the High Court

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