The Legal and Institutional Framework for Public Participation in Kenya’s System of Devolved Government

Abstract

The Constitution of Kenya, 2010 brought a new dawn with the change from the centralised system of governance to a devolved system of governance. The Constitution went on to provide for the principle of public participation. At the national and county government levels of government and for both the Executive and the Legislature, the Constitution has made public participation in decision making compulsory. The Constitution does not spell out how this principle should be applied. This study seeks to establish what this principle entails and what various legislations provide in regard to public participation in devolved governments. This principle provides for an open, accountable and a process that is well structured process where citizens exchange opinions, interact and have an influence in decision making by the government. Articles 196 and 201 of the Constitution are some of the provisions that stipulate this principle. This study will also seek to highlight some of the challenges that are encountered by both the citizens and the government as this principle is applied.