Public participation in decision making is a legal right

Rev Mutava Musyimi, Chairperson of the Presidential Taskforce on the Review of the Legal and Regulatory Framework Governing Religious Organizations, at Juwaba Social Hall in Kilifi, during the first public participation on June 13, 2023. [Robert Menza, Standard]

Public participation plays a crucial role in democratic governance by ensuring transparency, inclusivity, and accountability in decision-making processes. In Kenya, however, the creation of Chief Administrative Secretary (CAS) posts has raised concerns regarding the constitutionality of the public participation process.

In Kenya, the creation of CAS positions within the government has indeed raised discussions regarding the constitutionality of the public participation process. Public participation is an essential aspect of democratic governance and is enshrined in the Kenyan Constitution under Article 10 which outlines principles of governance, including public participation, transparency, and accountability.

The Constitution of Kenya 2010, places emphasis on public participation as a fundamental principle of governance. Article 10 of the Constitution outlines the values and principles of governance, including public participation, which is crucial for achieving accountability, transparency, and public involvement in decision-making processes. Additionally, Article 118 establishes the right to public participation in legislative and other processes of the State, ensuring that the public has an opportunity to participate in matters that affect them directly.

The CAS posts were introduced as part of a government restructuring initiative. However, concerns have been raised regarding the lack of public participation in the creation of these posts. Public participation ensures that decisions are made in the best interest of the people, considering their needs, aspirations, and concerns. The absence of public involvement in the creation of CAS posts raises questions about the government’s commitment to upholding constitutional principles.

The creation of CAS posts without proper public participation violates the principle of public involvement enshrined in the Constitution. Public participation is not merely a procedural requirement; it is a substantive right that empowers citizens to contribute to decision-making processes. By excluding the public from the creation of CAS posts, the government denies citizens the opportunity to voice their concerns, provide input, and hold decision-makers accountable. This undermines the democratic values upon which the Constitution is built.

The lack of public participation in the creation of CAS posts has significant implications for democratic governance. It weakens the legitimacy of decision-making processes and erodes public trust in the government. Public participation fosters a sense of ownership and responsibility among citizens, promoting good governance and ensuring that decisions reflect the needs and aspirations of the people. Excluding the public from such a crucial process jeopardises the democratic fabric of the country. Notably, the constitutionality of public participation process and the creation of CAS positions can be subject to interpretation and judicial review.