Why public participation remains a tick-box exercise 16 years on

Lawyer Joshua Nyamori during the interview on Spice FM on August 27, 2026.

Members of Parliament are unwilling to enact laws that would cost them their privileges, lawyer Joshua Nyamori has said, describing Parliament as the weak link in full implementation of the Constitution.

Nyamori made the remarks on Spice FM on Thursday, August 27, during celebrations marking 16 years since the Constitution was promulgated in 2010.

He cited the Public Participation Bill sponsored by Rarieda MP Otiende Amollo, arguing that the bill has come too late.

Nyamori questioned why MPs elected in 2010 and again in 2013 did not push for the bill alongside the Constitution's implementation.

He praised public participation as one of the greatest avenues through which Kenyans express their views, noting that citizens can now petition Parliament or a County Assembly and follow up on its progress.

The Constitution, Nyamori said, had helped devolve power from the presidency by empowering independent institutions, citing court decisions that have overturned decisions made by the Executive.

He added that the Constitution had ushered in a new order of governance, unlike before, when decisions were made without consulting the people.

"Public participation must be real, it might not just be something that is done to tick the boxes and for it to be real it is incumbent upon the duty bearer to demonstrate that the citizens have full information that would enable them to participate," Nyamori explained.

Public participation does not mean that every view expressed by a citizen must translate into a decision, he continued, but it must be considered, with a decision made on whether to accept or reject it and reasons given why.

"It is important to appreciate that public participation cannot be the same on each and every issue, it will depend on the issue, interests involved and the impact it will have," he noted.

The Constitution, Nyamori argued, altered how the country was governed, pointing to clear differences between governments before 2010 and those that have followed.

"We have successes that we should celebrate and we have misses that are a work in progress," he said.

Devolution, according to Nyamori, has given Kenyans better access to governance institutions where they can raise issues without needing to travel to the national government in Nairobi.

He said the right to protest had been abused by goons who infiltrate legitimate demonstrations, and criticised police for inaction against them while meting out violence on protesters instead.

Kenya should follow South Africa's example and enact a more detailed public management law that protects protesters and bystanders alike, Nyamori argued.

At the same time, Judicial Service Commission (JSC) vice chairperson Isaac Rutto said devolution ranks among the Constitution's key achievements, crediting it with a significant effect on the lives of Kenyans.

"We could do better, devolution has not received adequate resources," Rutto said, adding that partly devolved functions such as health continue to receive a small share of the national budget.

He called for strengthening of public service in the counties, saying some officers are inadequately trained while others are hired without regard to merit.

"We want a public service that is highly skilled," Rutto added.