NAIROBI,Kenya – A fundamental component of democracy, Public Participation is guaranteed under Articles 10 and 118 of the Kenyan Constitution and serves to guarantee that the will of the people is reflected in the actions of the government. Recent occurrences, however, have highlighted the difficulties with this principle, prompting worries that public participation is still more theoretical than practical.
The switch from the NHIF to the SHIF is among the most notable recent instances. The goal of this program was to increase health coverage, especially for low-income households. But in spite of its admirable objective, many Kenyans felt excluded from the process, with important information mainly unavailable to the public.
Though there were few public forums for discussion, questions were raised concerning the scheme’s viability, affordability, and possibility for higher payments.
Critics contend that different viewpoints and ideas might have surfaced and a more widely embraced policy could have been created had appropriate public participation been carried out.
In addition to its political ramifications, the impeachment of the former Deputy President sparked controversy due to the questionable role that public opinion played in the process.
The manner the impeachment procedure was managed seems to avoid thorough public participation, despite the fact that it requires strong legislative support, which would necessitate the voices of the electorate through their representatives. In this instance, the public’s involvement in a problem that had a significant national consequence was diminished to that of a passive observer.
This is troubling because such actions seem to exploit loopholes, sidelining public opinion on a matter where citizen involvement is crucial.
Although the Kenyan Constitution makes it plain that public participation is essential, it is ambiguous regarding how this participation should be carried out and measured. Both the Executive and the Judicial branches have taken advantage of this gap in definition.
For instance, even though Article 10 promotes accountability and inclusivity, there are no precise standards or measurements for what constitutes “sufficient” engagement. Because of this murky area, lawmakers are able to hold token forums or brief consultations that don’t accurately represent the opinions of a broad spectrum of the public.
Kenyan courts have frequently declared laws unconstitutional due to inadequate public involvement. However, the standards set by the courts vary, creating an inconsistent legal framework that is open to manipulation. This discrepancy has occasionally been exploited to evade substantive consultation and enact legislation without fairly reflecting the opinions of the Kenyan people.
Switzerland is one country that Kenya can look to as a model for public participation. Switzerland’s participatory democracy places significant emphasis on direct democracy, which gives voters the ability to cast ballots on everything from municipal concerns to constitutional amendments.
To facilitate informed decision-making, the Swiss model has comprehensive rules and procedures for public participation, such as referenda, wide-ranging information dissemination, and extended consultation periods. The Swiss example demonstrates how effective public participation procedures can guarantee that legislation accurately represent popular opinion and stop the Executive from circumventing the will of the people.
Kenya must create explicit, legally binding guidelines for public participation that include sufficient notice, extensive public forums, and significant feedback loops to address these issues. Such guidelines should clearly define what constitutes “adequate” public participation, ensuring that policy decisions are not finalized without incorporating a genuine cross-section of public opinion.
Furthermore, institutions responsible for ensuring public participation must be strengthened to hold leaders accountable to the principle of inclusivity.
By implementing a methodical and uniform approach to public involvement, Kenya may bridge this divide and fulfill its constitutional pledge to provide citizens with a significant say in governance.
By increasing public engagement, Kenya not only conforms to international democratic norms but also promotes more transparency, inclusion, and confidence between the populace and the government.
Beatrice Monari is a Programme Consultant at the Kenyan Section of the International Commission of Jurists (ICJ Kenya). This article was first published in the Daily Nation.