Constitutional Promise Deferred: Kenya's Struggle for Meaningful Public Participation

Fourteen years after the 2010 Constitution enshrined public participation as a cornerstone of Kenyan democracy, the path to meaningful involvement remains rocky. Weak legislation and Parliament's slow progress in enacting strong frameworks continue to be hurdles. This lack of effective mechanisms leaves citizens feeling marginalized and voiceless, with powerful individuals and groups holding undue sway over policy decisions.

Kenya's journey towards meaningful public participation has been a long and challenging one. During the colonial era, the centralized government stifled public involvement. Even after independence, the single-party system limited opportunities for citizens to influence policy decisions. It wasn't until the 1990s, with the dawn of multi-party democracy, that significant strides were made in promoting public engagement.

The 2010 Constitution marked a turning point, enshrining public participation as a key principle of governance. However, despite these reforms, challenges persist in ensuring meaningful participation for all citizens.

Despite its constitutional duty, Parliament has failed to pass laws that ensure effective public participation, fostering apathy among Kenyans. More recently- apathy has turned to rage. Past bills have been too weak to create meaningful reform, with Parliament attempting to delegate participation guidelines to various state organs. This fragmented approach, requiring different organs to provide resources, risks further corruption and mismanagement. Meanwhile, a capable entity like the IEBC already exists to handle such civic engagement tasks efficiently

Controversial policies like the Finance Bills for 2023/24 and 2024/25, the Adani-JKIA deal, SHA/SHIF, and the Housing Levy have drawn public outrage, largely due to the lack of proper public consultation. These cases underscore the pressing need for better frameworks to involve citizens in decision-making. The courts have struck down many bills for failing to ensure adequate public participation.

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In response to multiple laws being declared unconstitutional due to inadequate public participation, Parliament has rushed to conduct national consultations on a bill to impeach DP Rigathi Gachagua. It raises the question: why aren't other important matters afforded the same platform? Some Kenyan leaders appear uncomfortable with public scrutiny, revealing a flawed understanding of the role of the people in a representative democracy.

Demanding Our Voice: How to Strengthen Public Participation

1. Empowering the IEBC: A Pillar for Public Participation

The Independent Electoral and Boundaries Commission (IEBC) plays a pivotal role in fostering public participation in Kenya. Its effectiveness has been compromised by a cycle of neglect and underfunding. To strengthen the IEBC and ensure its ability to collect authentic citizen opinions, we propose the following reforms:

• Independence and Efficiency: The IEBC must operate independently, free from political interference. Its capacity should be maintained throughout the electoral cycle, ensuring it can effectively facilitate public participation initiatives.
• Timely Vacancy Filling: If the IEBC remains vacant for more than 90 days, a new election should be triggered by a designated body. This will prevent a power vacuum and ensure the continued functioning of democratic institutions.
• Constitutional Safeguards: The objects of the commissions and independent offices, as outlined in the Constitution, are too critical to be neglected. Protecting sovereignty, upholding democratic values, and promoting constitutionalism are essential functions that cannot be compromised.

By strengthening the IEBC, we can empower citizens to actively participate in governance and ensure that their voices are heard.

2. Empowering Citizens: Mandating Public Participation

To ensure that citizens have a meaningful voice in shaping government policies, public participation should be a mandatory requirement for all major initiatives. This can be achieved through mini-elections, town hall meetings, public hearings, or other accessible mechanisms.

The Independent Electoral and Boundaries Commission (IEBC), with its expertise in conducting elections, can play a crucial role in facilitating these public consultations. By leveraging technology and innovative approaches, the IEBC can make participation more inclusive and accessible to all citizens.

Furthermore, the right of citizens to peacefully protest and express their views must be protected at all costs. The violent actions of security forces against peaceful demonstrators are disturbing and should be condemned. Government leaders must realize that listening to the people is not optional but a constitutional obligation. Chapter 6 of the Constitution demands that leaders serve the people, not rule over them. True leadership involves humility and the willingness to hear public concerns. The persistent police brutality and dismissive statements from officials only worsen the problem, violating the Constitution and undermining democratic values.

The future of Kenya's democracy hinges on our collective commitment to ensure that every citizen's voice is not just heard but integral to the decision-making process. The Constitution of 2010 laid the groundwork for a participatory government, but without actionable laws and genuine efforts from our leaders, these ideals remain unfulfilled. It's time for Parliament to rise above political inertia and enact legislation that empowers the people. Let us demand accountability and transparency, not as privileges, but as our constitutional rights. By championing true public participation, we can build a resilient nation where governance reflects the will of its people, and where progress is a shared journey embarked upon together.