Many ordinary Kenyans may not be aware but a recent 2023 Public Participation Act mentions Article 118(1)(b) of the Constitution, which requires Parliament to facilitate public participation and involvement in legislative and other business of the Assembly and its committees.
It further provides that Parliament openly conducts its business, and holds its sittings and those of committees in public.
What does this mean? It means that every citizen should be able to participate in the public policy-making process. Bills discussed in Parliament are also subject to discussion in the public. This is because what our parliamentarians discuss directly has an impact on us.
As is, the channels through which Parliament promotes avenues to public participation are a drop in the ocean of the options that are there. Parliament typically puts up adverts on daily newspapers of upcoming policies for the public to discuss and for feedback in writing.
The other way is them having physical forums at designated places for discussion. These forums then attract a very small proportion of our population not representative enough.
So what if our policymakers explored other ways of communicating policies in discussion, and what if they created conducive, relevant channels through which citizens can fully engage in the public policy process?
First, they would require to segment the public. Kenyans, urban or rural, men or women, young or old, disabled or not, rich, middle-income or poor all need different approaches to get them to participate in the public policy process. But first, they need to be interested in this process.
Next, it would be important to communicate the objective of the Public Participation Act. It aims to give effect to the principles of public participation, promote democracy and participation of the people, promote transparency and accountability in decision-making, enhance public awareness and promote public participation in governance processes.
Once citizens know their views are required and more so protected by the law, more of them would be open to engage with policymakers in policies under discussion. To show citizens that they have the opportunity to have some meaningful input in the decision-making process.
There are many other mechanisms through which our policymakers achieve public participation, therefore promoting the process. Some other methods and different thinking will help get meaningful information from the public.
These include:
Having more effective advisory groups and task forces, engaging in appreciative enquiry, holding consensus conferences and having field trips to different areas, unlike the typical places the forums are held. There could be targeted focus groups and experienced facilitators, hotline numbers where the public can submit their views and social media platforms.
There could be more open houses for the public, participatory rural forums especially about rural development, well-publicised public hearings and meetings and cost-friendly retreats, among many other creative ways.
Coming up with less formal, more creative ways of obtaining views from the public would help ensure sustainable decision-making that is inclusive, communicating the needs and interests of all the stakeholders in the process, including the decision-makers themselves.
Parliament might want to work on notifications of the need for a public participation forum to convince people their views do count. Early advertising in newspapers and many other avenues. It would be important to have early consultations with stakeholders such as the civil society and relevant committees.
There generally may not be an appetite for Kenyans to be engaged, especially with the current level of unemployment, apathy towards politics, the rising cost of living, high taxes and prevailing poverty in a significant proportion of the public.
It will therefore be a work in progress getting people interested in public participation as enshrined in the Constitution and the Universal Declaration of Human Rights. These issues should be discussed by Parliament.
As mentioned, aspects of public participation are enshrined in the Universal Declaration of Human Rights. For instance, among the 30 rights and freedoms enshrined in (UDHR), Article 21, makes clear everyone has the right to partake in the political affairs of their countries while having equal access to public services.
Article 19 stipulates freedom of opinion and information. The International Covenant for Civic and Political Rights elaborates further the civil and political rights and freedoms listed in the UDRH. Article 25 elaborates on the right to participate in the conduct of public affairs, to vote, and to be elected.
Communications researcher and scholar, currently pursuing Peace and Development Work Studies in Sweden. [email protected]
