Kenya’s Draft Public Participation Policy: Towards enhanced citizen engagement in governanc.

  • 24 May 2024
  • 3 Mins Read
  • 〜 by Jewel Tete

Public participation is a fundamental principle of Kenya’s democracy, enshrined in the Constitution to ensure that citizens are actively engaged in governance and decision-making processes. Recognising the importance of public involvement, the Government of Kenya has come up with the Kenya Policy on Public Participation. This policy provides a comprehensive framework for managing and coordinating public participation at both national and county levels, aiming to standardise practices and overcome existing challenges. Public participation is defined as a process where individuals, groups, or communities (stakeholders) engage in public affairs, influencing decisions, policies, programs, and legislation while providing oversight on service delivery and development. The policy’s primary objectives are to set standards for effective public participation and to create a framework that ensures its coordination and management across Kenya.

 

The policy emphasises the sovereign power of the people, mandating state organs, officers, and all persons to ensure citizen involvement in policy review, formulation, and implementation. Effective public participation legitimises state actions, enhances governance, and mitigates corruption. Despite various efforts and frameworks, challenges such as inconsistent processes, lack of information access, limited capacity, and inadequate funding have hindered effective public participation. The Constitution of Kenya enshrines public participation as a key governance principle, reinforcing citizen involvement in various aspects. Public participation is also grounded in international instruments like the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights. Regional human rights instruments, including the African Charter on Human and Peoples’ Rights, further emphasise the right to participate in public affairs.

 

The Draft Public Participation Policy sets out nine specific objectives designed to enhance citizen engagement in governance processes. Firstly, the policy emphasises the importance of ensuring timely and accessible information for citizens. This will enable the public to make informed decisions and participate effectively in public affairs. Access to accurate and relevant information is crucial for transparency and accountability in governance. Another key objective is the creation of a framework for civic education. This involves educating citizens about their rights, responsibilities, and the workings of government. By fostering a well-informed populace, the policy seeks to empower citizens to participate more actively and knowledgeably in governance processes. Civic education is fundamental in promoting democratic values and encouraging responsible citizenship.

 

Building capacity for responsible citizenship and public institutions is also a core objective of the policy. Capacity building includes training, resource allocation, and the development of skills necessary for meaningful participation. By enhancing the capacities of stakeholders, the policy aims to ensure that public participation is not only widespread but also impactful. Ensuring the inclusion of marginalised groups is another crucial objective. The policy seeks to guarantee that all segments of society, including women, youth, persons with disabilities, and other vulnerable groups, have opportunities to participate in governance. Inclusion is essential for achieving social justice and ensuring that the benefits of development are equitably distributed.

 

Securing adequate funding for public participation is necessary to support these initiatives. The policy recognises that effective public participation requires financial resources. Funding is needed for organising participatory activities, conducting civic education programs, and building capacity among stakeholders. By allocating sufficient funds, the government demonstrates its commitment to facilitating meaningful public engagement. Implementing robust monitoring and evaluation systems is vital for assessing the effectiveness of public participation initiatives. This objective involves setting up mechanisms to track progress, evaluate outcomes, and identify areas for improvement. Monitoring and evaluation help ensure accountability and provide data to inform future policy adjustments. The draft policy similarly acknowledges that handling complaints efficiently is essential for addressing grievances and ensuring that public participation processes are fair and transparent. The policy outlines procedures for the timely and effective resolution of complaints, ensuring that citizens’ concerns are heard and addressed appropriately. Efficient complaint handling reinforces accountability and helps build public confidence in participatory governance processes.

 

Public participation is guided by principles such as the sovereignty of the people, equal opportunities, non-discrimination, inclusion of marginalised groups, timely information access, civic education, and adequate funding. It also emphasises the principles of devolution, separation of powers, and public-private partnerships. Before 2010, public participation in Kenya was limited and centralised, with decisions made primarily in Nairobi. The 2010 Constitution marked a significant shift by embedding public participation as a governance principle. Previous mechanisms like the Local Authority Service Delivery Action Plans (LASDAPs) and the District Focus for Rural Development (DFRD) provided some avenues for public engagement, but these were insufficient.

 

The policy will be implemented through a coordinated process involving various actors at national and county levels. Collaboration with non-state actors, adherence to constitutional principles, and leveraging international best practices will be crucial for its success. The Kenya Policy on Public Participation sets the stage for a more democratic, inclusive, and participatory governance process. By addressing existing challenges and setting clear standards, the policy aims to strengthen citizen engagement, enhance governance, and ensure that public participation becomes an integral part of Kenya’s democratic fabric.