Public Participation: The Kenyan Conundrum

Start listening

October 30, 2024

Kenya’s Finance Bill 2024 ignited a firestorm of public discontent, highlighting the simmering tension between the government and the judiciary regarding public participation in the legislative process. Amidst this political backdrop, National Assembly Majority Leader Kimani Ichung’wah has emerged as a vocal advocate for both defending the bill and reforming the public participation process itself.

Ichung’wah’s Critique of the Private Sector and the Public’s “Trust Deficit”

Ichung’wah contends that while the Finance Bill contained provisions aimed at bolstering Kenya’s economic competitiveness and benefiting the private sector, these advantages were overshadowed by the wave of public opposition. He criticizes the Kenya Private Sector Alliance (KEPSA) and the Kenya Association of Manufacturers (KAM) for their lack of vocal support during the bill’s contentious journey through Parliament. He argues that their endorsement could have significantly influenced public perception due to a prevailing “trust deficit” in the government. Essentially, Ichung’wah believes that the public is more inclined to trust the economic pronouncements of private sector representatives than those of politicians.

The Judiciary’s “Activism” and the Call for a Public Participation Law

Ichung’wah further criticizes what he perceives as “judicial activism,” accusing the courts of exploiting the absence of a specific public participation law to invalidate bills passed by the National Assembly. He argues that the judiciary is setting new thresholds for public participation, often retroactively, to annul laws that were passed under existing principles.

To address these concerns, Ichung’wah has called for the swift enactment of a comprehensive public participation statute. This law, he argues, would establish clear guidelines, a structured framework, and an inclusive approach to ensure transparency, accountability, and collaboration in government decision-making at both national and county levels.

Constitutional Underpinnings and the Reality of Public Participation

Kenya’s 2010 Constitution explicitly enshrines public participation as a national value and a principle of governance. Article 10 lists public participation among these fundamental tenets, while Article 118 mandates Parliament to facilitate public involvement in all its activities, both legislative and otherwise.

Despite this strong legal foundation, the sources reveal a gap between the ideal and the reality of public participation in Kenya. Dennis Ondieki, a Monitoring and Evaluation Professional at ICJ Kenya, emphasizes that public participation should be more than a mere formality. He argues that it requires proactive engagement with citizens, transparent dissemination of information, and genuine incorporation of public input into decision-making processes.

Ondieki further points out that the protests against the Finance Bill, particularly from young people, are a symptom of this disconnect between the government and its citizens. When people feel their voices are not being heard, they resort to protests as a last resort to make themselves seen and heard.

Challenges and Recommendations for a More Inclusive System

The sources identify several key challenges hindering effective public participation in Kenya:

  • Limited Awareness: A lack of public awareness regarding their rights and avenues for participation.
  • Inadequate Access to Information: Difficulty obtaining relevant information in a timely and accessible manner.
  • Insufficient Mechanisms for Feedback: A lack of clear and effective channels for incorporating public feedback into policy decisions.
  • Logistical Barriers: Geographical constraints and the digital divide, particularly affecting marginalized and rural communities.

To address these challenges, the sources suggest several recommendations:

  • Raising Public Awareness: Educating citizens about their participation rights and processes.
  • Enhancing Government Transparency: Increasing the accessibility of information in various formats and languages.
  • Expanding Digital Platforms: Bridging the digital divide to ensure broader participation.
  • Creating Accessible Dialogue Platforms: Demonstrating a genuine willingness to adjust policies based on citizen input.

Kenya’s journey toward realizing the full potential of public participation is ongoing. By addressing the challenges, enacting a comprehensive public participation law, and fostering a genuine commitment to inclusion and responsiveness, Kenya can strengthen its democracy and create a governance system that truly reflects the will and aspirations of its people.

Join the discussion