Kenyan citizens by birth who registered as voters using their passports could be allowed to vote in the 2027 elections even if the documents have expired, if a proposed amendment to the Elections Act is passed.
The National Assembly Justice and Legal Affairs Committee is pushing for an amendment to allow holders of expired passports to vote where the document was valid when they registered as voters.
Under the proposal, a passport that was valid at the time of voter registration would remain acceptable for identification during voting, even if it expires before election day.
Kenyan voters wait in line to cast their ballots on August 9, 2022.
Photo credit: File | Nation Media Group
During debate on the Elections (Amendment) Bill, 2024, committee chairman George Murugara said the amendment is among those the committee has lined up for consideration during the Bill’s third reading.
The Tharaka MP argued that the expiry of a passport does not strip a Kenyan citizen of their nationality or political rights.
“If you have a passport, even if it has expired, you don’t cease being a Kenyan. It is only that you cannot travel using it but for elections, we can’t disenfranchise you by saying you can’t vote,” Mr Murugara said.
However, the proposal has raised legal questions in Parliament, with some lawmakers warning that allowing expired documents to be used could provide grounds for challenging the validity of an election.
The debate centres on whether an expired passport remains a legal document that can be used for an electoral process, whether it confers the same rights as a valid passport or national identity card, and whether dual citizens lose their status as Kenyans if they fail to renew their passports.
Homa Bay Town MP Peter Kaluma argued that political rights belong to citizens regardless of whether their identification documents have expired.
“If you are a citizen by birth, does the expiry of your ID or passport make you cease being a Kenyan?” he posed.
Homa Bay Town MP Peter Kaluma.
Kinangop MP Kwenya Thuku, however, argued that an expired passport is no longer a valid legal document and therefore should not be accepted as identification during voting.
“An expired passport does not exist anymore. It cannot be used as an identity because it has expired. It doesn’t give you any rights anymore,” Mr Kwenya said.
He compared it to an expired driving licence, saying the same principle should apply to passports.
“If I drive using my expired driving licence, I will be arrested. The same law should be used across the board,” Mr Kwenya said.
Ol Kalou MP Sammy Waweru supported the proposal, arguing that Kenyans facing economic difficulties should not be denied their right to vote simply because they cannot afford to renew their passports.
Ol Kalou MP-elect Sammy Waweru Ngotho delivers his speech after being announced the winner at Ol Kalou Senior School Tallying Centre on July 17, 2026.
Photo credit: Boniface Mwangi | Nation Media Group
Article 83 of the Constitution provides for voter registration, with the legal requirements including possession of a national identity card or a valid Kenyan passport.
Constitutional lawyer Bob Mkangi described the issue as a difficult one but said Parliament could find a middle ground that protects the right to vote while preventing abuse through forged or outdated documents.
“Participating in an election as a voter is an entitled political right and it should not be curtailed by a technicality such as expiry of a document,” Mr Mkangi said.
Mr Mkangi said Parliament could impose conditions for holders of expired passports before allowing them to vote.
He proposed considering how long a passport has been expired, arguing that a person whose passport expired several years ago could be treated differently from one whose document expired shortly before the election.
“If a person has already initiated the process of renewing the passport, such an individual should present the waiting documents to IEBC and be allowed to vote because we also know that due to technicalities, the renewal can take time,” Mr Mkangi said.
