dc.description.abstract | Every democracy ought to have a mechanism through which the public participate in the
management of public affairs, including the law-making process. Sovereignty, including that
of Parliament, belongs to the people but owing to the impracticability of every citizen
participating in the legislative process; their representatives in Parliament represent their
views. Kenya, a representative democracy has adopted this model.
However, the 2010 Constitution of Kenya introduces aspects of participatory democracy by
requiring that the public be involved in, among others, the legislative process. These
provisions are yet to be fully implemented since a framework to facilitate public participation
has not been put in place. The practice prior to the new constitutional dispensation still
obtains, although some attempts have been made to allow the participation of the public. That
said, various pieces of legislation have been passed without public input. The lobbying
preceding such legislation has invariably put Members of Parliament in a dilemma between
serving their own interests and those of the electorate.
The concept of public participation is not entirely new; international instruments recognise
the right to participate in public affairs, while some countries have put in place mechanisms
for public participation in the law-making process and in some instances, the court has
nullified legislation passed without the requisite participation of the public. Although the
Kenyan Parliament has been strengthened over the years, it has not been responsive to public
view.
This paper evaluates the existing mechanisms for public participation by examining the
Constitution, Standing Orders of the National Assembly and the practices in place for public
involvement in the legislative process. The evaluation is based on an analysis of print and
electronic material and on the basis of data generated. This paper identifies the existing
avenues for public participation and recommends measures to give effect to constitutional
provisions on public participation in the law-making process. | en_US |