Constituency offices are now set to become places for public participation exercises, creating an avenue where citizens can engage in the political processes.

This will allow constituents to voice their opinions, provide feedback on policies, and discuss local and national issues with their Members of Parliament (MPs).

Earlier in the week, National Assembly Clerk Samuel Njoroge said mechanisms are being implemented to facilitate the plan. “In an effort to ensure that the public participation was effective and meets the laid down regulations, the National Assembly will use constituency offices for public participation exercises,” he announced during a retreat for MPs in Naivasha.  

The exercise will be streamlined once the proposed Public Participation Bill is enacted.

The country has been struggling with the concept of public participation. In the recent past, many court findings of unconstitutionality of decisions have been partly due to lack of participation.

This has been a matter of concern, as several court rulings blame the lack of a public participation law for its vagueness and call for the legislature to enact a law.

On October 29, the Supreme Court of Kenya recommended that Parliament establish a legislative framework through statute for public participation, as anticipated under Article 118(1)(b) of the Constitution.

The Supreme Court further recommended that Parliament establish measures to ensure that all versions of a Bill, at every stage of the lawmaking process, are accessible to the public for their information and scrutiny.

In addition, as a matter of good practice, Parliament should establish reasonable measures for considering the proposals, views, suggestions, and comments received during the public participation exercise.

The proposed Bill, which is before the Attorney General, will seal all the loopholes in public participation that have been causing confusion in courts whenever matters challenging the exercise are before the judiciary.  

Public participation is regarded as the foundation of democracy. It allows citizens to voice their concerns, contribute to decision-making processes, and hold their leaders accountable.

Effective public participation ensures that policies reflect people’s will and needs, fostering a more inclusive and equitable society. The Constitution of Kenya strongly emphasises public participation, with Article 10 listing it as a national value and principle of governance.

To be effective, public participation must be more than just a formality and should involve proactive engagement with citizens, transparent dissemination of information, and genuine incorporation of public input into decision-making processes. This requires the legislature to create accessible platforms for dialogue, solicit feedback on proposed legislation, and demonstrate a willingness to adapt policies based on citizen input.

The protests witnessed in June and July revealed Kenyans’ frustration with the lack of genuine public engagement and government action. These protests highlighted the need for the government to listen to its citizens.

The country’s legal framework strongly supports public participation. The Public Participation Act of 2018 is already in place and provides guidelines for involving citizens in decision-making processes. This Act requires that public participation be integrated into all levels of government and that public forums be conducted in an open and transparent manner.

In addition, international conventions and treaties signed by Kenya stress the significance of public participation. The International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples’ Rights (ACHPR) affirm citizens’ right to engage in public affairs.  

These agreements collectively mandate that governance must integrate public participation to ensure policies and decisions reflect the people’s will.