91. Since independence, Kenya has had regular general elections that are held every five years which enable citizens to participate in the election of their elective public officers. Article 38(2) of the Constitution of Kenya, 2010 provides for political rights and it states that every citizen has the right to free, fair and regular elections based on universal suffrage and the free expression of the will of the electors for any elective public body or office established under this Constitution; or any office of any political party of which the citizen is a member. 92. The development of the Kenya Vision, 2030 together with the Medium Term Plans have espoused public participation in their development and aspirations as Kenya prepares to be a middle income country by 2030. The Political Pillar envisages a country where the politics is “genuinely competitive and issue-based politics”. In order to achieve this, the Government is committed to ensuring that the laws and regulations covering political parties are people centered; enhance the legal and regulatory framework covering the electoral process; and conducting civic education programmes to widen knowledge and participation among citizens, leading to an informed and active citizenry. The level of public participation in politics has increased during the last few electoral processes that Kenya has undergone. 93. The Kenyan Judiciary has been very progressive with regard to determining cases relating to the citizen’s right to vote. For example, the High Court made a ruling on a case on the right of prisoners to vote in the case of Kituo cha Sheria Vs. Interim Independent Electoral Commission & 2 others)(2013) eKLR. The issues that the Court considered were whether prisoners have the right to vote under the Constitution and whether this right has been violated by the respondents. In its judgment, the Court reaffirmed inter alia that the Constitution as the supreme law of the land and is founded on the sovereignty of the people of Kenya which is exercised through voting for representatives in the National and County governments who exercise delegated authority of the people. The right to vote is a fundamental right and part of Kenya’s system of government. The Court further reaffirmed that the Constitution, with its emphasis on the peoples’ sovereignty, the values on rule of law, equity, inclusiveness, equality, human rights as well as the right to vote guaranteed under Article 38(3) and the qualification of voters provided under Article 83 does not exclude prisoners from being registered to vote and consequently voting in an election. Thus the government has a positive responsibility to ensure that all the people of Kenya and particularly those who are marginalised or vulnerable are able to exercise this fundamental right. 94. In Civil Appeal No. 350 of 2012 the appellants sought from the High Court a declaration that Kenyan citizens in the Diaspora possess a fundamental and inalienable right to be registered as voters and to vote and/or seek elective office pursuant to Article 38(3) (a) and (b) of the Constitution; a declaration that the failure by the Independent Electoral and Boundaries Commission (IEBC) to provide the Diaspora with the opportunity to register and vote is a violation to their fundamental right to vote and a contravention of Article 82 (1) of the Constitution which provides for the progressive registration of citizens residing outside Kenya and the progressive realization of their right to vote; a declaration that Kenya citizens in the Diaspora who are dual citizens need not register as Kenyan citizens and are eligible to be registered as voters and to participate in the general election; an order that the respondents do adequately provide for voter registration and satisfactory voting mechanisms for Kenyans living in the Diaspora, not just for presidential but also for all other offices as well; that the IEBC be ordered by the Court to declare and set up more polling centers over and above embassies and consulates and deploy IEBC officials as returning officers or to collaborate with host electoral 24