Professional Documents
Culture Documents
Kenya: Promise,
Reality and
Prospects
Policy Brief 1 on Public Participation Based on Six Case
Studies
The research is an examination of the Constitutional promise of participation vs. what exists in
reality.
Public participation is recognised by the Constitution of Kenya as a civic right and responsibility
in Art 1 (1) (2), a national value Art 10 (1), a key principle of public finance Art 20 1(a), Arts.
124, 196, 232, require key legislative bodies to open their deliberations to the public.
Constitution provides public with easy access to courts, right to form associations (Art 36),
demonstrate, picket and petition (Art 37), recall legislators (Art 104), and protect the
Constitution through referendum (Art 252 and 257)
Four years since the promulgation of the Constitution, this covenant seems elusive, suffocated
by tokenistic participation strategies, disrespect for the rule of law and open tensions between
the national Government and the county Governments. 42 counties are yet to pass
legislation on public participation.
Citizens on the other hand, appear unable to seize the opportunities availed to them through
the constitution and influence public policy making processes. Notable civic voices argue that
the space for citizens engagement is gradually shrinking. Consequently, public participation
remains low at 5.7 % (between June 2012 and 2013).
The case-studies
SID examined the gap between the promise of participation vs. its reality through six
relationships and processes over 2014:
1. Case Study 1: Advocating for the commencement of the PBO Act (2013) without
contentious amendments;
2. Case Study 2: Contesting restrictive medial laws;
3. Case Study 3: Organisation of health workers to challenge devolution of health;
4. Case Study 4: Community Organizations as active citizenship: The case of Mustard
operations;
6. Case Study 6: Community participation and contestation of the Kiambu County Finance
Act.
space, the national or global significance of the issues they address and the
number of people affected by their interventions.
It is also important to note, that while each of these case studies has been
trying to advance its agenda for at least two years or so, none has fully
realised its objective.
Methodology
Observation
Effective Participation:
Active, free and
meaningful
Engaged citizenry
Creating an open,
inclusive and
Responsive
Government: Findings
Creating an engaged
citizenry: Findings
Lessons and
Recommendations:
Government
Establishment of laws and clear mechanisms
Lessons and
Recommendations: Civil
Society
Increased alliance and coalition building civil society;
Lessons and
Recommendations :
Citizens
Citizens have a responsibility to exercise integrity in
Conclusion
Despite increased options for direct and indirect self-representation, and channels for
citizens to engage with Government, the political culture has not changed. It is still
characterised by ethnic or sectarian mobilisation, patronage and abuse of power and state
resources.
How can we strengthen the capacity of citizens to recognise themselves as citizens rather
than beneficiaries or clients?
How can we create a recognition by all actors; citizens, civil society and Government that a
key component of democracy is building trust among and between different parts of
society?
THANK YOU