October 30, 2024

This episode explores the challenges and opportunities of public participation in Kenya's legislative process.

Key Discussion Points:

• The Finance Bill 2024 and the Public Backlash:
• The bill was met with widespread opposition and protests, particularly from young people.
• Majority Leader Kimani Ichung'wah blames the private sector for not effectively communicating the bill's benefits.
• He argues that the private sector’s endorsement could have swayed public opinion due to a "trust deficit" in the government.
• Ichung'wah's Call for a Public Participation Law:
• He highlights the judiciary's tendency to invalidate bills based on alleged lack of public participation.
• He proposes enacting a law to establish clear guidelines and a structured framework for public participation.
• This law would aim to ensure that parliamentary procedures align with public participation standards, potentially mitigating judicial challenges.
• Constitutional and Legal Framework for Public Participation:
• Kenya's Constitution emphasizes public participation as a national value and principle of governance.
• Article 118 mandates Parliament to facilitate public involvement in its legislative and other business.
• The Public Participation Act of 2018 provides guidelines for citizen involvement in decision-making.
• The “Factsheet No. 14” published by the Kenyan Parliament emphasizes the right to petition Parliament, the right to access information, and the importance of equality and freedom of expression in public participation.
• Challenges to Effective Public Participation:
• Limited public awareness, inadequate access to information, and insufficient mechanisms for incorporating public feedback.
• Logistical barriers, such as geographical constraints and the digital divide, hinder broader participation, particularly among marginalized and rural communities.
• Expert Opinion: Dennis Ondieki, a Monitoring and Evaluation Professional at ICJ Kenya, emphasizes that public participation should be more than a formality. It requires proactive engagement, transparent information dissemination, and genuine incorporation of public input.
• Recommendations for Improvement:
• Raising public awareness of participation rights and processes.
• Enhancing government transparency and accessibility of information in various formats and languages.
• Expanding digital platforms while addressing the digital divide.
• Creating accessible platforms for dialogue and demonstrating a willingness to adjust policies based on citizen input.
• Call to Action:
• Public participation is essential for a functioning democracy in Kenya.
• Both government and citizens must actively embrace public participation to uphold the principles of the Constitution.
• Through genuine and inclusive participation, Kenya can better reflect the will and aspirations of its people.