60 is inconsistent with the Constitution or applicable laws (Shaban Mohamud Hassan & 2 Others v Shaban Mohamud Hassan & 3 Others, Nairobi Civil Appeal No. 281 of 2012). Further, they can direct the body constitutionally tasked with the delimitation and alteration of boundaries to go back and do the correct and proper thing (Peter Odoyo Ogada & 9 Others v IEBC & 14 Others, Nairobi Civil Appeal No. 307 of 2012). 3.3 Voter Registration 3.3.0.1 The IEBC is required to put in place structures to ensure the continuous registration of citizens as voters (Article 82 (1)(c) of the Constitution). The registration of all adult citizens as voters is a prerequisite for the realisation of the constitutional requirement of an electoral system based on universal suffrage based on fair representation and equality of the vote (see Articles 38(2) and 81(d) of the Constitution). The constitutional requirement of an electoral system based on universal suffrage means that state organs cannot prevent or impede an adult citizen from registering as a voter, or a registered voter from voting, without a lawful justification. In Arnold Keith August & Another v Electoral Commission & Others, CCT 8/99 [1999] ZACC 3, the Constitutional Court of South Africa explained the importance of universal suffrage in the following words: Universal adult suffrage on a common voters’ roll is one of the foundational values of our entire constitutional order. The achievement of the franchise has historically been important both for the acquisition of the rights of full and effective citizenship by all South Africans regardless of race, and for the accomplishment of an allembracing nationhood. The universality of the franchise is important not only for nationhood and democracy. The vote of each and every citizen is a badge of dignity and of personhood. Quite literally, it says that everybody counts. In a country of great disparities of wealth and power it declares that whoever we are, whether rich or poor, exalted or disgraced, we all belong to the same democratic South African nation; that our destinies are intertwined in a single interactive polity. Rights may not be limited without justification and legislation dealing with the franchise must be interpreted in favour of enfranchisement rather than disenfranchisement. 3.3.0.2 In aiming to be inclusive and to enhance participation rights, electoral systems are increasingly accommodating special interests in voter registration and related voting rights. Two of these scenarios are discussed below. 3.3.1 Citizens Residing Outside Kenya 3.3.1.1 The IEBC must put in place an infrastructure for the progressive registration of citizens residing outside Kenya, and the progressive realisation of their right to vote (Article 82 (1)(e) of the Constitution (IEBC v New Vision Kenya (NVK Mageuzi) & 4 Others, Supreme Court Petition No. 25 of 2014). 3.3.1.2 The obligation to ensure the progressive registration of the Kenyan diaspora as voters, and the progressive realisation of their right to vote, applies to all elective posts (IEBC v New Vision Kenya (NVK Mageuzi) & 4 Others, Supreme Court Petition No. 25 of 2014; and New Vision Kenya (NVK Mageuzi) & 3 Others v IEBC & 5 Others, Nairobi Civil Appeal No. 350 of 2012). The High Court dismissed the case of Republic v IEBC & 6 Others Ex Parte James Gitau, Miscellaneous Application No E069 of 2020, where the applicant had sought to have diaspora voters take part in the anticipated BBI referendum. The High Court asserted that since the orders sought to be enforced had been issued by the Supreme Court, the correct forum to adjudicate over compliance or lack thereof with the apex Court’s orders was the Supreme Court. The High BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION