The 2023/24 Values and Principles Report by the Public Service Commission  (PSC) has revealed significant shortcomings in implementing public participation in policy-making within Kenyan public institutions. 

Despite constitutional and legal requirements, most (93.3 per cent) of the 508 evaluated institutions have not customised PSC guidelines on public participation. Furthermore, less than half (46.7 per cent) of the institutions developed policies during the evaluation period, and of those, less than one-third (22.8 per cent) subjected them to public participation.

The data indicates a critical gap between policy and practice. While the Constitution and related legislation emphasise public involvement in policymaking, the findings show a failure to translate these principles into action. Even after public participation, half of the institutions failed to provide stakeholders with sufficient time to review policy documents. Many resorted to stakeholder validation after public participation, suggesting a potentially perfunctory approach.

Effectiveness of participation questioned

The report highlights that only 7 per cent (34 out of 508) of institutions customised public participation guidelines despite recommendations in the 2022/2023 Values and Principles Report. Of the 366 draft policies subjected to public participation, only half were circulated 14 days prior to engagement, while others were even circulated after. This raises concerns about the genuineness and effectiveness of the public participation process.

Further compounding the issue, the report also found significant deficiencies in the impact evaluation of implemented policies. It was established that only eight (1.6 per cent) institutions indicated they had undertaken impact evaluation as recommended in the 2022/2023 fiscal year, while a staggering 500 (98.4 per cent) had not. Of those that had not, 65 (13 per cent) indicated evaluation would be done by March 31, 2025, and 410 (81 per cent) by June 30, 2025. Concerningly, 33 (6 per cent) institutions did not commit to undertaking any evaluation.

This data highlights that most institutions have not evaluated the impact of their policies. While most of those who hadn’t committed to doing so by June 30, 2025, a notable percentage did not commit to any evaluation, raising concerns about accountability and policy effectiveness.

Accessibility gaps identified

The report reveals significant accessibility gaps in public participation. Only 10 (2.7 per cent) of the policies subjected to public involvement had been transcribed into braille, while 324 (88.5 per cent) were not. It was not indicated whether or not  32 (8.7 per cent) of the policies had been transcribed. 

Furthermore, of the 237 institutions that conducted public participation and stakeholder validation, only 49 (20.6 per cent) engaged the services of 121 sign language interpreters. Of these interpreters, 57 (47.1 per cent) were procured services, 54 (44.6 per cent) were employees of the respective institutions, and the engagement status of 10 (8.7 per cent) was not indicated. 

The highest number of sign language interpreters (29) engaged possessed diploma qualifications (24 per cent), followed by 21 certificate holders (17.4 per cent). Other qualifications included 16 degrees (13.2 per cent) and nine masters (7.4 per cent). This indicates that 97.3 per cent of policies were not transcribed into braille and that most institutions did not engage sign language interpreters, with less than half of those involved being employees.

Recommendations

The report recommends that Parliament expedite the enactment of the Public Participation Bill to enhance compliance and enforcement. Additionally, it urges all public institutions (excluding Constitutional Commissions and Independent Offices) to develop or customise public participation guidelines by June 30, 2025, and to ensure all developed policies undergo a meaningful public participation process.

Furthermore, all public institutions are urged to undertake an impact evaluation of their policies by June 30, 2025, with those previously not committed to doing so now directed to comply by the same date. The report also recommends that all public institutions transcribe draft policy documents into braille or other formats accessible to persons with visual impairments and engage sign language interpreters during public participation.

These findings underscore the urgent need for systemic change to ensure genuine public involvement in policymaking in Kenya, align with constitutional values and principles, and ensure policies are effectively evaluated for their impact.