The country is on the verge of establishing a comprehensive legal framework for public participation, thanks to a collaborative intergovernmental initiative spearheaded by the National Assembly and the Office of the Attorney General.
In a key meeting held yesterday, September 6, 2024, the Clerk of the National Assembly Samuel Njoroge engaged with the Attorney General Dorcas Oduor, to advance this important legislative agenda.
Njoroge briefed the Attorney General on previous parliamentary efforts aimed at creating this critical law, which seeks to ensure that citizens have direct involvement in decision-making processes, particularly in areas where such decisions directly impact their lives.
“Article 10 (2) (a) of the Constitution explicitly identifies public participation as a national value and principle of governance. It mandates that all State organs, state officers, and public officers ensure active citizen engagement in the formulation and implementation of public policy decisions.” Njoroge submitted during the meeting.
The AG acknowledged the judiciary’s previous guidance on the scope and limits of public participation in various rulings.
She stressed the urgency for Parliament to establish a comprehensive legal framework to streamline public participation practices.
“It is increasingly necessary to harmonize government efforts through a multisectoral consultative process, to formulate a legislation that effectively addresses the principle of public participation.” The AG noted.
The meeting also highlighted the legislative proposal currently being championed by the Leader of the Majority Party in the National Assembly Kimani Ichung’wah.
The Public Participation Bill 2024 seeks to provide a structured framework for public engagement, as envisioned in Articles 1, 10, 35, 69, 118, 174, 184, 196, 201, and 232 of the Constitution.
The proposed legislation outlines guiding principles for institutions conducting public participation and designates responsible authorities to develop specific guidelines for public engagement within each public institution.
The collaboration between the National Assembly and the Office of the Attorney General marks a significant step towards ensuring that the voice of the people is not only heard but also integral to the decision-making processes.
