The recent political climate in Kenya has brought to the fore the importance of public participation in governance processes. Events such as the withdrawal of the Finance Bill 2024 following widespread protests and the impeachment proceedings against the Deputy President have highlighted the power of public opinion.
To further strengthen democratic principles and ensure citizen involvement in decision-making, the Office of the Attorney-General and the Department of Justice proposed a Public Participation Bill 2024. The initiative aimed to provide a legal framework for effective public participation, aligning with constitutional provisions such as Articles 10(2), 69(1)(d), 118, 184(1)(c), 196, 201(a), and 232(1)(d).
Mzalendo Trust, in collaboration with Open Government Partnership (OGP), and other human rights defenders, organized a roundtable meeting in Nairobi to evaluate the proposed bill and offer recommendations. KICTANet, a member of the Digital Governance and Public Participation cluster, under the 5th OGP National Action Plan, took part in this review towards ensuring that the bill is inclusive and effective.
Key Concerns and Recommendations
The review identified several key areas where the bill could be improved:
- Multistakeholder Involvement: The bill should promote the involvement of a diverse range of stakeholders, including civil society organisations, academia, and the private sector.
- Open and Inclusive Communication: Clear and accessible communication channels should be established to ensure that all citizens can participate, regardless of socioeconomic status, technological literacy or disability.
- Clear Guidelines and Accountability: The bill should provide specific guidelines for conducting public participation processes, including timelines, procedures, and accountability mechanisms.
- Effective Feedback Mechanisms: A robust feedback mechanism should be implemented to ensure that public input is considered and incorporated into decision-making.
- Clarity on Public Participation Thresholds and Weight: The bill should define the threshold for public participation and the weight that should be given to public input.
- Access to Information and Transparency: Clear and accessible information should be provided to the public throughout the public participation process.
- Consistent Implementation: The bill should establish consistent standards for public participation across all levels of government, including the executive, legislative, and judicial branches.
As we reflect on this proposed Public Participation Bill 2024, the real test lies ahead. Will the recommendations made resonate beyond mere formalities, transforming into actionable steps that truly enhance public participation? The hopes of a more just and equitable society rest in our collective hands, urging us to not just watch, but actively demand that our voices are heard.
Nicodemus Nyakundi is a Digital Accessibility for PWDs Program Officer at KICTANet. He has a background in IT and advocates for the digital inclusion of persons with disabilities.
