OPINION: “We the People” – the power and necessity of effective public participation

The Preamble to the Constitution of Kenya, 2010 begins with the words giving authority: “We, the People.” Article 1 of this document enshrines the principle that all sovereign power resides in the people of Kenya.

This is not just a statement, it is a fundamental element of governance that acknowledges the need for genuine public participation in all matters of national importance. The recent youth protests against the Finance Bill serve as a reminder of this principle and the critical need for government to listen and respond to its citizens.

Public participation is the foundation of democracy. It allows citizens to voice their concerns, contribute to decision-making processes and hold their leaders accountable. Effective public participation ensures that policies reflect the will and needs of the people, supporting a more inclusive and equitable society.

The 2010 Constitution of Kenya places great emphasis on public participation, with Article 10 listing it as a national value and principle of governance.

To be effective, public participation must be more than just a formality. It should include proactive citizen engagement, transparent dissemination of information and genuine inclusion of the public in decision-making processes.

This requires government officials to create accessible platforms for dialogue, solicit feedback on proposed laws, and demonstrate a willingness to adjust policies based on citizen feedback.

The recent protests against the Finance Bill show how frustrated Kenyans, especially the youth, are with the lack of real public engagement and government action. The bill, seen by many as a heavy burden, has led to widespread discontent, prompting young people to take to the streets to protest.

These protests underscore the need for government to listen to its citizens. When people feel ignored, they often protest to have their voices heard. Government must offer effective ways of dialogue and be willing to adjust policies based on public opinion.

The Kenyan legal framework strongly supports public participation. In addition to the Constitution, the Public Participation Act 2018 provides guidelines for engaging citizens in decision-making processes.

This Act imposes an obligation to ensure public participation at all levels of government and to conduct public forums in an open and transparent manner.

In addition, international conventions and treaties signed by Kenya emphasize the importance of public participation. The International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples’ Rights (ACHPR) affirm the right of citizens to engage in public affairs.

These agreements stipulate that governance must include public participation to ensure that policies and decisions reflect the will of the people.

Despite a strong legal framework, achieving effective public participation in Kenya is faced with challenges such as limited awareness, insufficient access to information and insufficient mechanisms to incorporate public opinion into policy decisions.

Logistical barriers, such as geographic limitations and digital exclusion, also hinder broad participation, especially among marginalized and rural communities.

The government should prioritize raising awareness of participation rights, increasing the transparency of its processes, ensuring the availability of information in different formats and languages, and developing digital platforms, while effectively bridging the digital divide.

The principle of “We the People” enshrined in the Kenyan Constitution must be realized through active and effective public participation. This requires a paradigm shift in the approach to public engagement by both government and citizens.

Government must actively seek public opinion and value their input, and citizens must be informed and willing to engage in governance processes.

Recent events have shown that public participation is not just a procedural formality, but an essential element of a functioning democracy. By ensuring that the voices of all Kenyans are heard and considered in the policy-making process, we can move towards a more inclusive, equitable and responsive governance system.

The youth protests against the Finance Bill are clear evidence of the need for ongoing engagement and the important role that public participation plays in the democratic process.

In conclusion, “We the People” is a call to action for both the government and citizens of Kenya. To uphold the Constitution, public participation must be accepted as a fundamental part of democratic governance. Only through genuine and inclusive participation can Kenya truly reflect the will and aspirations of its people.

Author Dennis Ondieki is a monitoring and evaluation specialist at ICJ Kenya.