By Brenda Holo
Public participation is one of the foundational principles of democracy. Democracy is grounded on the idea that all citizens are equally entitled to have a say in decisions affecting their lives. Citizens’ participation in government decision-making is fundamental to the functioning of a democratic system of governance as stated in the Constitution of Kenya. Article 118 (1) (b) mandates Parliament to conduct its business openly, holding its sittings and committee meetings in the public eye.
Now it seems that Public participation, in our country, Kenya is becoming like an old shirt that is tearing away at the seams. Even the threads are rotten. On Wednesday, January 24, 2024, in Bahati Constituency Nakuru County, the National Assembly Committee on Housing, Urban Planning, Public Works, and the Department Committee on Finance and National Planning conducted a public hearing on the Affordable Housing Bill 2023.
Even though there was a timely announcement of the public hearings, the manner in which the public participation exercise was conducted raised concerns regarding the constitutionality of the public participation process.
The Committee chair had a pre-prepared list of speakers and it is from this list that he read the names of the would-be speakers. In effect, the majority of the people who heeded the invitation by parliament to members of the public to attend the forum did not have the opportunity to make their submissions in the forum.
By excluding the public from participating in the affordable housing bill, the government denies citizens, especially those opposed to the Bill, the opportunity to voice their concerns, provide input, and hold decision-makers accountable.
This undermines the democratic values upon which the Constitution is built. It creates a hierarchy that perpetuates the voices of a select few, leaving the common mwananchi on the periphery of crucial discussions.
Moreover, the Freedom of Expression, protected under Article 33, extends to the right to seek, receive, or impart information during public participation processes. Denying citizens the opportunity to articulate their issues directly contradicts the fundamental right to express oneself.
In addition, prior to the Implementation of the Competence Based Curriculum (CBC) system, little or no public participation was steered in the various parts of the Country. For instance the disclosure of the SGR contract by the Transport and Infrastructure Cabinet Secretary, Kipchumba Murkomen, and the creation of the CAS position (Chief Administrative Secretary). The CAS posts were introduced as part of a government restructuring initiative. However, concerns were raised regarding the lack of public participation raising questions about the government’s commitment to upholding constitutional principles.
Public participation ought to be real and not to be treated as a mere formality for the purpose of fulfillment of the Constitution. For it to be real there is a need to go beyond mere tokenism. It’s time for our government to embrace the principles of effective public participation – inclusivity, equal access, and continuity. Public participation should not be a one-time event; it’s a continuous process that demands ongoing commitment.
Civil societies need to tighten their belts by empowering and training citizens, making them aware of their vital role in shaping public decisions through civic education. Furthermore, civil society organizations should take charge of monitoring and evaluating projects resulting from public participation, ensuring that the voice of the people isn’t just heard but genuinely influences positive change.
Public participation fosters a sense of ownership and responsibility among citizens, promoting good governance and ensuring that decisions reflect the needs and aspirations of the common mwanachi. Hence, common mwananchi, who bear the brunt of governmental decisions, must be actively involved in shaping those decisions.
Allowing citizens to articulate their concerns ensures that the government remains connected to the needs and aspirations of the people. It is time to empower the common mwananchi, giving them a direct and unfiltered channel to voice their concerns and contribute to the democratic fabric of our nation.
