Kenyan citizens by birth who registered to vote using valid passports stand to retain the right to cast their ballots in the 2027 General Election despite the documents expiring, according to a proposed change to the Elections Act.

The amendment which is currently before Parliament’s Justice and Legal Affairs Committee would allow voters to cast ballots with expired passports so long as the documents were valid at the time of voter registration. The debate revolves around the provisions of the electoral code which require voters to present the same identification document which they used to register to vote at registration booths. Kenyan passports are official identification documents which voters can use to register to vote.

Therefore, the amendment would apply to a current category of registered voters rather than introducing a new class of voters.

The committee’s recommendation comes as the Parliament debates Electoral Laws ahead of the August 10, 2027 General Election. The issue affects Kenyan citizens who registered to vote using a passport but do not intend to renew the documents before the 2027 election.

The amendment would mean that voters who register to vote with passports can continue to use the same documents to cast their ballots at polling stations during the 2027 General Election. However, it is not a free pass for voters to use expired passports to vote – the documents must have been valid at the time of voter registration.

However, the amendment would not automatically make expired passports valid identification documents for all purposes. Instead, as explained above, it would apply to registered voters who used the documents to register to vote.

The Independent Electoral and Boundaries Commission (IEBC) has been consulting with the Parliament on a number of proposed amendments to electoral laws in preparation for the 2027 election. The amendment will have to undergo further parliamentary procedures and securing the assent of the President before it can come into force. In the meantime, voters are expected to comply with the current requirements for voter identification documents.

The proposed amendment is part of the preparations for the 2027 election, where both the Parliament and the IEBC are reviewing electoral regulations. The IEBC has told the Parliament that it requires sufficient time to make necessary changes to the electoral code in preparation for the 2027 election.

This is because the commission requires adequate time to prepare materials for voters, training manuals for poll workers, and conduct voter education in accordance with the revised electoral code. Thus, for voters who registered to vote using passports, the success of the amendment will depend on whether it passes and the provisions it contains.