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Public Participation Working in Progress

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12 views2 pages

Public Participation Working in Progress

Uploaded by

seanzm01
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CONCEPT NOTE:

ADMISSION NUMBER: 22-2798

TOPIC: MECHANISMS FOR PUBLIC ENGAGEMENT IN LEGISLATIVE


PROCESSES AND THE EFFECTIVENESS OF THESE MECHANISMS IN
FOSTERING GENUINE PARTICIPATION.

1. INTRODUCTION.

Public participation is a fundamental principle of democratic governance, ensuring that citizen


have a voice in decision making processes that affect their lives. Public engagements traces
history from the origins of democracy. With the founding principle of democracy as ‘rule by the
people’ this means that people are at the core of decision making as per the democracy. 1 The
Preamble of the Constitution of Kenya 2010, encapsulates the Principle of Public Participations
and engagements which cuts across all aspects of governance. 2 The Kenyan Constitution 2010
enshrines public participation as a key national value. This constitutional provision has led to the
development of various mechanisms for public engagement in legislative processes. However,
the effectiveness of these mechanisms in fostering genuine participation remains a subject of
debate and scrutiny.3This research paper aims to explore the mechanisms for public engagement
in Kenya’s legislative processes and assess their effectiveness in fostering genuine participation
among citizens.

2. Background.

The Constitution of Kenya 2010 marked a significant shift in the country’s governance
framework, emphasizing transparency, accountability and public involvement in legislative
affairs. It outlines public participation as one of the national values and principles of
governance4, mandating state organs to facilitate citizen engagement in decision-making
1
Kanyinga K. “Kenya: Democracy and Public Participation” A review by Afrimap, Open
Society Initiative for Eastern Africa and the Institute for Development Studies (IDS), University
of Nairobi 2014. https://www.opensocietyfoundations.org/uploads/b24bc86e-9fa4-4771-980d-
0888a7871e60/kenya-democracy-political-participation-20140514.pdf. (Accessed on 16th
November 2024).
2
Ngore S.K. ‘The Test and Place of Public Participation in Kenya’s Governance.’ (2022).
3
Khaunya A. ‘Public Participation in Kenya: An Evaluation of the Implementation of the
Constitutional Principle’ (2018).
4
Constitution of Kenya 2010, art 10(2)(a).
processes. Subsequently, legal frameworks such as the County Government Act 2012 and the
Public Participation Bill 2018 have further elaborated on

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