action guide on youth engagement in public policy-making & promotion of accountability

8/3/2019 Action Guide on Youth Engagement in Public Policy-Making & Promotion of Accountability

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1ACTION GUIDE ON YOUTH ENGAGEMENT IN PUBLIC POLICY MAKING AND THE PROMOTION OF ACCOUNTABILITY

ACTION

GU ID EO N Y O UTH EN GA GEMEN T IN PUB LIC PO LIC YMAKING AND THE PROMOTION OF ACCOUNTABILITY

UNTABILITY


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2 ACTION GUIDE ON YOUTH ENGAGEMENT IN PUBLIC POLICY MAKING AND THE PROMOTION OF ACCOUNTABILITY

ACTION

GU ID EON YOU TH ENGAGEMENT IN PU BLIC POLICYMAKING AND THE PROMOTION OF ACCOUNTABILITY

Published By:Africa Youth Trust

Kileleshwa, Of Laikipia road

P. O. Box 7192-00100 Nairobi, Kenya

Telephone: +254 20 20 222 69

Mobile: +254 713 709 985

Email: [email protected]

Website: www.aricayouthtrust.org

Copyright (c) 2010, Arica Youth Trust

ISBN: 9966-05-283-6

Permission to Reproduce

This material may be used, reproduced, stored or transmitted or non commercial purposes. However, copyright o the Arica

Youth Trust is to be acknowledged. It is not to be used, reproduced, stored or transmitted or commercial purposes without

the written consent rom the Arica Youth Trust.


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PREFACE

We at Arica Youth Trust (AYT) recognize the need to promote a youth-ocused and Youth riendly engagementstrategy in policy making and the promotion o public accountability. It is our belie that through holisticyouth participation in policy making that we can ensure that Kenyas laws and policies are responsive to the needsand aspirations o the youth.

AYT oers evidence based policy analysis through policy bries, guidebooks, and policy related commentary to theyouth, development organizations, private sector, parliament, government and regional economic communities(RECs). AYT has ormed national and regional networks o youth action partners with whom we work with to advancetheir advocacy agenda and oer a bottom up approach towards development rom grassroots to national level toregional level. Through its engagement, AYT has created mechanisms o harnessing the input o youth into the law

and policy-making process in Kenya with the aim o ensuring youth responsive policies and laws are developed andpassed in Kenya.

We recognize that todays policy challenges oten require citizen action to achieve the public interest and thatby encouraging more citizens to participate in the development o the policies that aect their day-to-day lives,governments can oster greater interest in public policy and a greater sense o responsibility or our countrys uture.By recognizing the publics growing desire to become involved, the democratic process will be strengthened andreinvigorated. To be successul in addressing government issues, especially where the challenges are complex and

longstanding, substantial involvement o the people and communities aected is required

AYTs eorts are aimed at signicantly enhancing youth participation in development as a right and as a measure odemocratic involvement. Indeed according to the UN Declaration on the Right to Development, such participationmust be active, ree and meaningul. Mere ormal or ceremonial contacts between the youth and ormal decisionmakers is not sucient. Indeed, it is our expectation that this Action Guide will acilitate holistic youth participationas opposed to tokenistic engagement.

This Action Guide on Youth Engagement In Public Policy Making And The Promotion O Accountability seeks toequip Kenyas youth with the necessary knowledge and inormation about the tenets and process o policy makingand accountability promotion to enable them to become inormed and engaged civic actors or a better nation. Wehope that through applying the Guide, the youth will play a greater role in shaping a present and uture society thatadheres to integrity, airness and justice or all.

Nahum Okwiya

Executive Director

Arica Youth Trut


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ABOUT AFRICA YOUTH TRUsT

ABOUT THE INTERNATIONAL YOUTHFOUNDATION (IYF)

ACRONYMs AND ABBREVIATION

ACKNOwLEDGEMENTs

A. INTRODUCTION

B. TENETs OF PUBLIC POLICY The Nature and Meaning o Public Policy

Selected Models o Public Policy

Policy-making: How Policies are made

C. THE ROLE OF THE YOUTH IN INFLUENCING PUBLIC

POLICY IN KENYA1. Introduction

2. General Avenues or infuencing public Policies

3. How Youth Can Engage in Public Policy making

D. THE ROLE OF THE YOUTH IN ENHANCING PUBLIC

ACCOUNTABILITY IN KENYA1. The Nature o Public Accountability 2. Accountability Mechanisms

E. CONCLUsION

F. GLOssARY

G. REFERENCEs

CONTENTs

17

8

9

10

7

6

5

21

29

30

32

21

20

18

17

15

11

10

22


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The International Youth Foundation (IYF) invests in the extraordinary potential o young people. Founded in1990, IYF builds and maintains a worldwide community o businesses, governments, and civil-society or-ganizations committed to empowering youth to be healthy, productive, and engaged citizens. IYF programs arecatalysts o change that help young people obtain a quality education, gain employability skills, make healthychoices, and improve their communities. To learn more, visit www.iynet.org.

About the starbuckTM shared PlanetTMYouth Action Grant Program The StarbucksTM Shared PlanetTM Youth Action Grants program helps young people realize their natural potential toreinvent their local communities. The program is the primary vehicle through which The Starbucks Foundation investsin communities globally as part o the Starbucks Shared Planet commitment to communities. Since launching thegrants program in 2007, more than $1.5 million has been invested in youth-led initiatives around the world. The programis integral to the company achieving its goal by 2015 o engaging 50,000 young social entrepreneurs to innovate andtake action in their communities. For more inormation, please visit www.starbucksoundation.com/se.

The Arica Youth Trust Improved Legislation and Public Accountability in Kenya project is among 20 youth-led projects

to receive a 2009 grant award through the StarbucksTM Shared PlanetTM Youth Action Grants program. The Arica YouthTrust Improved Legislation and Public Accountability in Kenya project was chosen through a competition establishedin early 2008 by the International Youth Foundation (IYF) and Starbucks in order to make grants available to youngleaders who have completed IYFs YouthActionNet Global Fellowship. The Fellowship program seeks to develop a newgeneration o young socially conscious global citizens who create positive change in their communities, their countries,and the world. To learn more about the StarbucksTM Shared PlanetTM Youth Action Grants program, visit

www.starbucksoundation.com/se.

Joseph Kimani is a ellow o the YouthActionNet having been recognized or his role in making positive change throughhis work. Josephs work led to his recognition as one o 20 outstanding global young leaders and social entrepreneursin which he was honoured by the International Youth Foundation by receiving the December 2003 global Youth ActionNet Award.

Joseph is a passionate advocate o social empowerment and justice working in the eld o promoting democracy,

human rights, good governance, peace, and leadership. Mr. Kimani serves as Deputy Executive Director o the Arica

Youth Trust. Joseph is driven by his rm belie that the youth are indeed positive agents o peace and change who

ought to be nurtured early in lie and given the chance to unleash their great potential or the good o society and that

all citizens can and must work together to realize a more peaceul, equitable and just world.

ABOUT THE INTERNATIONAL YOUTH

FOUNDATION (IYF)Joseph Kimani Njuguna-IYF

YouthActionNet Global Fellow


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AG Attorney GeneralAYT Arica Youth Trust

BAT British American Tobacco

CDF Constituencies Development Fund

CDLG Coast Development Lobby Group

CSOs Civil Society Organizations

ICC International Criminal Court

KACC Kenya Anti-Corruption Commission

KANU Kenya Arican National Union

KIPPRA Kenya Institute or Public Policy Research and Analysis

KNCHR Kenya National Commission on Human Rights

LASDAP Local Authority Service Delivery Action Plan

LATF Local Authorities Transer Fund

MP(s) Member (s) o Parliament

NARC National Rainbow Coalition

NEMA National Environment Management Authority

NGOs Non-Governmental Organisations

UN United NationsPM Prime Minister

USA United States o America

WLR Weekly Law Reports

ACRONYMs AND ABBREVIATIONs


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ACKNOwLEDGEMENTs

The Arica Youth Trust expresses its deep and sincere gratitude to all the people who have participated in thedevelopment and production o this Action Guide.Special thanks go to the International Youth Foundation and the Starbucks Foundation or their nancial supportthrough the Starbucks Shared Planet Youth Action Grants that has made the production o this Action Guide

possible. We also oer our sincere gratitude to the sta o the International Youth Foundation especially those inthe Youth Action Net program who have accompanied us in the production o this Guide and provided us with theencouragement that has spurred the production o this publication.

We recognize in a special way the Guide development team that worked with tremendous zeal and commitmentin developing the Guide. We acknowledge the critical role o Mr. Josphat Ayamunda the principal writer o thisGuide, Ms. Christine Kilisio the project research assistant , and the team o youth who pre-tested the Guide oeringvaluable input on it-Cynthia Wamangoli, David Momanyi, Jane Kagiri, Stella Agara, Andrew Kiriti, Elizabeth Njeri and

Grace Mutungu .We acknowledge the encouragement received rom the Kenya Young Parliamentarians Association (KYPA) which hasalways been at hand to work with AYT towards enhancing youth participation in public policy and accountability.

Finally, we acknowledge members o the Arica Youth Trust network and the youth o Kenya in general, or whomthis Guide has been developed. We salute their resilience, their passion or progress and their determination to makea better Kenya. It is our sincere hope that this Guide will enhance their participation in building a Kenya that is more

accountable and that which is guided by laws and policies that properly represent the aspirations and concerns othe nations youth.


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This action guide on youth engagement in publicpolicy-making and promotion o accountability targets

in-school and out-o school youth in Kenya. It aims atenabling the youth play an enhanced role in promoting

public accountability as well as ormulating and

implementing public policy. Signicantly, the Guideshould be a constant reerence or youth engagementin public policy and mainstream grassroots and nationalgovernance and developmental processes.

The Guide ocuses on three main areas. First, it explainsthe tenets o public policy. Secondly, it highlights the role

the youth can play in infuencing public policy. Thirdly,

it puts premium on the role Kenyas youth can play inadvocating or the enhancement o public accountability.By the end o this action guide you should be able to:

explain the relationship between public policy-makingand accountability promotion

identify and describe the sources of law and publicpolicy instruments relevant to the promotion oaccountability

A. INTRODUCTION

identify the principal diculties with contemporarypublic policy-making and accountability promotion

take appropriate action toward solving problems inthe realm o public policy-making and accountabilitypromotion

This action guide is not a textbook or even an introductionto the subject o public policy-making and accountabilitypromotion. It is designed to direct you through the

subject and to give you an indication o how to thinkabout and take action on the pertinent issues. The cases

and examples used in this guide are not necessarily themost important. There are certainly many more relevant

cases and examples than are reerred to here. Indeed,in your study o this guide, you will have to consider

other cases and examples related to the precise issues athand. It is worth noting right rom the outset that policy-making and promotion o public accountability is oten

a long, hard and painul process. One should thereorebe ready to take dicult but necessary decisions toward

that end.


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Ordinarily, public policies are a combination o rational

planning, incrementalism, competition among groups,elite preerences, public choice, political processes and

institutional infuences. One might thereore speak opublic policy as whatever governments choose to do or

not to do. Governments do many things; they regulateconfict within societies, distribute great symbolic

rewards to members in society; and they extract moneyrom societies through taxing or taxes. Thus publicpolicies may regulate behaviour, organize bureaucracies,

distribute benets or extract taxes all these things atonce.

Public policy has several characteristics and the most

notable is that, rules based on public policy havebecome so settled that justication is orgotten and

only statute can alter the rule. The golden thread o anypublic policy consideration is that always interests o the

public are paramount.3

However, whenever public policyis considered and applied it has not always producedthe happiest results especially in judicial decisions. The

rationale or having public policies developed is based onthe need to have expertise and specialists to assist in the

more technical spheres o everyday lie. Thus the processo any public policy development must necessarily be

consultative amongst all interested parties as well as

inclusive o the relevant experts.

A consultative process has the merit o its outcome beingreadily acceptable and understood by the various parties

involved.4 On the contrary such a process is expensiveand may take a longer period to complete. Secondly,

a process that is less consultative though cheaper andspeedy may have its nished product less acceptable.

3Anon R.w. Principle o the La o Contract, Arthur L Carbin. 4 Kenya Intitute or Public Policy Reearch and Analyi (KIPPRA) 2001

2. selected Model o Public Policy

The models used in studying public policy are conceptual

models that try to:

simplify and clarify our thinking about politics and

public policy

identify important aspects of policy problems

help us to communicate with each other by focusingon essential eatures o political lie

direct our eorts to understand public policybetter by suggesting what is important and what inunimportant

suggest explanations of public policy and predict its

consequences. The major models o public policy include the

ollowing:

(a) Intitutionalim policy a an intitutionaloutput

Political activities generally center on particular

government institutions the presidency, courts,municipalities etc. Public policy is authoritatively

determined, implemented and enorced by theseinstitutions. A policy does not become a public policy

until it is adopted, implemented and enorced by somegovernment institution. Government institutions give

public policy 3 distinctive characters:

legitimacy legal obligations that command loyaltyrom citizens

universality extend to all people in the society

coercion e.g. imprison violators of policies i.e.sanctions



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5Charle Lindblom i a Proeor Emeritu o Political science and Economic at Yale Univerity. He i one o the early political cience theorit ho developed and advocated the theory o incrementalim in

policy and deciion-making.6For an illuminating examination o thi cae ee, Mitullah w, Odhiambo M and Ambani O (ed) Kenya Democratiation: Gain or Loe? Claripre, Nairobi 2005.

(b) Proce policy a political activityPolicy process is a series o political activities problem

identication, agenda setting, ormulation, legitimisation,implementation and evaluation. This model helps us

to understand the various activities involved in policy

making.

(c) Rationalim policy a maximum ocial gainA rational policy is one that achieves maximum social

gain. In other words, governments should choosepolicies resulting in gains to society that exceed costs by

greatest amount, and governments should rerain rompolices i costs exceed gain. A policy is rational i the

dierence between the values it achieves and the valuesit sacrices is positive and greater than any other policy

alternative. Rationalism involves calculation o all social,political and economic values sacriced or achieved bya public policy not just that the values can be measured

in monetary terms.

(d) Incrementalim policy a variation on the patIncrementalism views public policy as a continuation

o past governments activities with only incrementalmodications.

Following Charles Lindbloms5 classication, the typicalcomponents o public policy are as ollows:

annual review of the whole range of existing and

proposed policies,

identication of societal goals,

researching the benets and costs of alternative polices

in achieving the identied goals,

ranking the order of preferences for each policy

alternative in terms o the maximum net benets and

then making a selection on the basis o all relevantinormation.

However, as Charles Lindblom5 has shown, contrary towhat might be reasonably expected by the ordinarydecent olks, decision makers do not necessarily ollowthat order. Indeed, under the incrementalism model,

public policy is conservative in that existing programmes,policies and expenditures are considered as a base, andattention is concentrated on new programmes andpolicies and on increases, decreases, or modicationso current programmes. In other words, policymakers generally accept the legitimacy o establishedprogrammes and tactully agree to continue previouspolicies.6

(e) Group theory policy a group equilibrium

(equilibrium ytem)Group theory begins with the proposition that interactionamong groups is the central act o policies. Individualswith common interests band together ormally orinormally to press their demands on governments.Individuals are important in policies only when they actas part o, or on behal o group interests. This groupthen becomes a bridge between the individual andgovernments. Politics is really the struggle amonggroups to infuence public policy.

The constitutional review process in Kenya provides anapt example o the application o this theory. Take the

issue o Kadhi courts, or instance. Broadly speaking,Muslims have persisted in their demand or inclusiono Kadhi courts in the Constitution while a sectiono Christians are strongly opposed to such inclusion.Similarly, the women have attained greater protection,say through such mechanisms as armative action,largely due to their ability to organize themselvesaround common group interests. Religious organizations

have also come together regarding the issues o the


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(g) Public choice theory policy a collective

deciion making by el-centred individual This theory challenges the notion that individuals actdierently in politics than they do in the market place. The theory assumes that all political actors voters,taxpayers, candidates, legislators, bureaucrats, interestgroups, parties, governments seek to maximize theirpersonal benets in politics as well as in the marketplace. In other words, this theory poses the question:what is in it or me?

James Buchanan, Nobel prize winning economist,states that individuals come together in politics or theirown mutual benet, just as they come together in the

marketplace, and by agreement among themselves, theycan enhance their own well being in the same way as

by trading in the marketplace. Government itsel arisesrom a social contract among individuals who agree

or their mutual benet to obey laws and support the

government in exchange or protection o their lives.

(h) Game theory policy a a rational choice in

competitive ituation This is the study o decisions in situations in whichtwo or more rational participants have choices to

make and the outcome depends on the choices madeby each. Game theory assumes that individuals and

organizations seek to maximize their own benets inpolitics. For example, political candidates whose policyviews may be distinctively liberal or conservative move

to the center at election time to win the most votes. Itis applied to areas in policymaking in which there is no

independently best choice that one can make in whichbest outcomes depend upon what others do.

3 Policy Making: Ho Policie are made

(a) IntroductionThere is no single model o policy-making but a serieso dierent models with dierent origins and purposes.

However, a discernible infuence o the US model isbeginning to emerge. In studying each model (and

even each element o each model) you should considerquestions related to the origins as well as the purposes

to be served by each model. For instance, in the USAthe senate has a policy committee that helps schedulebills and any relevant legislative strategy o the various

senate parties.

7

The policy committee liaises with variouslobbyist organizations about upcoming legislation. Our

Kenyan context seems only to refect the standing andad hoc committees set up to deal with various issues

approved by the cabinet rom time to time. A properunderstanding o policy making, thereore, requires an

appreciation o a variety o conceptual, historical, legaland political actors.

(b) The Kenyan contextPolicy-making in Kenya involves interest groups wholobby or something to be done or not to be done. Thisis the stage o problem identication. It goes to agendasetting where issues are decided and what problemscan be addressed this involves the elite and publicopinion. These issues are then proposed to a membero parliament i it is an issue that concerns a particularconstituency or a minister i it concerns a particularministry.

The issue can then be presented in parliament in ormo a proposal or it to be enacted into law. At times thedrat policy concerning an issue is circulated to thepublic. It has been oten argued that governments

7 world book 2001 (UsA) 20U, world Inc 2001



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commitment or the better good o a society wouldactually be meaningul only i the government can

play a acilitative role in community building. Generally,development o various policy rameworks is consultative

and this is achieved through orms such as, sessionalpapers, taskorces, regional workshops and reports ocommissions o inquiry. It thus ollows that any public

policy development ramework must be economicallyviable and an extra expense to the public taxpayer.

Other recent examples include the National Land Policyo 2006/2007 which the Ministry o Lands seeks to

implement ater it has been adopted by the cabinet.

It is clear that most policies developed eventuallylead to various pieces o legislation. A recent exampleis the National Youth Policy o 2006 which led to the

establishment o the National Youth Council Act.8Presidential or executive directives are also sometimes

used though less oten. Retired President Moi used it

successully in the cut one tree plant two campaign,which eventually led to the development o KenyaNational Environmental Action Plan 1994-1996.9

However, there are also some directives o this naturethat hardly eventuate in hard policy or legislation.

Perhaps, one notorious example in this regard mightbe President Kibakis directive that at least a third o allappointments in the public service should be reserved

or women.

(c) Cae tudy: UsA10

(i) Problem identication and agenda etting

In a democracy it is sometimes argued that problemidentication occurs whenever individuals or groupsmake demands upon government. Policy problemaccording to political scientist James Anderson can be

dened as a condition or situation that produces needsor dissatisaction on the part o people or which relieor redress is sought. This is where there is publicizingsocietal problems and expressing demands or

governmental action. Participants here are usually massmedia, interest groups, citizen initiatives and publicopinion.

(ii) Agenda etting

This is where issues and what problems will be addressedby the government are decided. It is where elites in highpositions decide on what problems to ocus on and the

president also involves himsel.

(iii) Policy ormulation

Here policy proposals are developed to resolveproblems.

(iv) Policy legitimiation

This stage involves selecting a proposal, developingpolitical support or it, deciding on whether it is in exactaccordance with the constitution and enacting the law.

(v) Policy implementation

This is where the policy is actualized. The stage involvesgovernment action toward organizing departments andagencies concerned with the policy, providing resourcesor the implementation and levying taxes.

(vi) Policy evaluationThis stage involves reporting outputs o governmentsprogrammes, evaluating impacts o policies on targetand non target groups and proposing changes. Thisevaluation may be done by both the government (as theimplementer o the policy) and other stakeholders (e.g.as consumers).

8Act No 10 o 2009. Another example i the Indutrial Charter that led to the development o the labour la o 2007, though the Charter itel a drated in the early 60 and revied in 1982. 9 Minitry o

Environment and National Reource June 1994. The Kenya National Environmental Action Plan NEAP 1994-199610

Thi cae o UsA i ued here or illutrative purpoe only and not a an endorement o

that model.



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C. THE ROLE OF THE YOUTH IN INFLUENCING

PUBLIC POLICY IN KENYA

1. Introduction

Traditionally, the youth were hardly involved or encouraged to engage in public policy-making in Kenya. While youthengagement mechanism are increasingly being put in place, one still nds stereotypical and prejudicial sentimentsrom elderly policymakers to the eect that the youth are the leaders o tomorrow. Such claims mistakenly suggest

that the youth are incapable o leadership in the present day.



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2. General Avenue or infuencing public

Policie

(a) Organized (pecialized) interet groupIt is argued that well organized interest groups that have

necessary leverage are able to infuence policy choices intheir avour. Leverage is the ability to withhold benetsi services or contributions are not met.For instance, in the 1990s, the Karen Langata Association(comprising the residents o Karen and Langata areas oNairobi) organized themselves into a lobby group ostakeholders and successully obtained legal sanction towithhold local government taxes rom the City Council

o Nairobi as long as the Council was unable to provideappropriate services. Given the act that these areas hadthe real means to eect their threats o withholdingunds, City Hall was compelled to greatly improve itsservices.

Large interest groups, or example, seek preerentialtreatment rom the government. A good example isthe British American Tobacco (BAT) Company in Kenya.Apparently, BAT has historically enjoyed a monopolyposition in Kenya, including close relationships withgovernment. These links seem to have infuenced publicpolicy. There have been claims that health legislationmight have been diluted and delayed. The long awaited Tobacco Control Bill originally sent to the Ministry oHealth or nal approval in 1999 languished in theAGs oce or several years amid reports o industrialinfuence with successive annual reports rom BATnoting the companys eorts to amend it. The Ministryo Healths eorts to enact tobacco control measuresincluding smoking-ree legislation and health warningsconsistent with the Framework Convention on TobaccoControl through a dierent route in an attempt to by-

pass the Tobacco Control Bill and pre-empt industry

lobbying ailed when BATs challenge to the High Courtsucceeded in suspending the legislation.11

Ideally, public policy should be based on public interests

and the value it can achieve in society other than politicalaliations with some members o the public.

(b) Ue o ExpertPublic policy generally is infuenced by various actorsbut most o all by experts. The youth should consultexperts and develop expertise to enhance their capacity

to engage rom a knowledgeable position.

(c) Participatory proceeIt is only when the process is consultative thatwider participation by various members is possible.However, such participation can be direct or indirect. The involvement o the youth with such consultativemechanisms as taskorces and commissions o inquiry is

an option that cannot be ignored.12 Furthermore, thereare seminars and workshops that are organized by thegovernment, NGOs and private sector players that are alsouseul. The Ministry o Inormation and Communicationscores highly in this regard. For example, the Ministryacilated several opportunities or public engagement inreerence to the Kenya Communications Act and relatedsubsidiary legislation.

(d) Advocacy and LobbyingWhile advocating or special interests, the youth shouldlobby all players in the policy-making arena such asthe civil society, the business community and otherproponents o various pieces o legislation. Contraryto common belies, it is not just Parliament that can be

lobbied.11For ample analyi o the cae o BAT role in infuencing public policy in Kenya ee Patel P, Collin J and Gilmore AB The la a actually drated by u but the Government i to be congratulated on it

ie action: Britih American Tobacco and Public Policy in Kenya Tobacco Control 2007; 16:e1 (15 February 2010). 12some o the major commiion include the Ligale-led

Boundarie Commiion and the Kiplagat-led Truth, Jutice and Reconcilliation Commiion.



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(e) Public-private ector partnerhipEnacting any public policy requires resources whichthe government oten lacks. This is where the privatesector comes in and the role o government is to providean enabling environment that allows private sectorsto operate with minimal hindrances. An example osuch partnerships is the Aberdare ence conservationprogramme.

() Decentraliation rameork

The advent o the Constituencies Development Fund(CDF) and the Local Authorities Service Delivery ActionPlan (LASDAP) grants interested persons a chance toget involved with policy development especially atthe local level. It is advisable to attend or get accessto proceedings o the various committees o localauthorities and petitioning o members such as mayorsand clerks.

(g) Ma mediaMedia campaigns cannot be ignored as they haveenhanced awareness o the public in reerence to various

rights and reedoms. This includes social media networkse.g. Facebook.

(h) Public PetitionAt the national level petitioning o the KenyanParliament collectively and individual MPs is a way oachieving tangible results. The new Standing Orders

provide or public petitions.13

The Orders require,among other things, that the petition must be in writing(in either English or Kiswahili) and signed by at least 20subscribers. It must clearly and respectully state theobject o the petitioner(s). Order petitions are scheduledor 30 minutes every Thursday beore commencement obusiness. Petitioners have access to copies o responsesto their petition.

13Order 201-211 Republic o Kenya National Aembly standing Order Government Printer, Nairobi (Adopted by the National Aembly on December 10, 2008, during the second seion o the Tenth

Parliament).



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3 Ho Youth Can Engage in Public

PolicymakingThe youth can and should play an inormed role in thepolicy debate. Generally, there are three broad stagesthrough which the youth can be engaged in policy-making. The stages are: recognition, partnership andparticipation.14 Toward that end, the youth must seek tobe ully inormed about the matters at issue. The youthshould promote and exploit reedom to inormation.Access to relevant, timely and authoritative inormation isindispensable in promoting eective youth engagement

in public policymaking.

Since acts are very important in public policy and somepolicymakers misrepresent acts , the youth should seekaccurate inormation and publicise it.The youth can engage in public policymaking by:

a) Being organized around common issues and

identity - this can be done through:- orming youth networksb) Researching to obtain accurate inormation-the

youth can do this through:- conducting public opinion surveys

- gathering inormation rom news sources-it is essential

that the youth develop the practice o reading Kenyan

daily newspapers and ollow current aairs through

journals and the media- conducting ocus group discussions with inormed

audiences

- undertaking desk-based research on objective material

- carrying out key inormant interviews with experts

c) Engaging in consultations-this can be done through:- engaging themselves in community mobilization and

sensitization activities

- coalition building in order to come up with joint

decisions/ positions on major issues

- using new media and social networking tools such as ace

book and online discussion groups to discuss common

issues

d) Lobbying-the youth can do this through:- appealing to members o parliament to ask questions in

parliament on matters o concern to the youth

- attending and participating in public commissions and

inquiries and voicing their views on issues being

addressed

- presenting memoranda to members o parliament and

government ocials containing recommendations

to address issues o concern to the youth

- holding round-table meetings with policy makers to

advocate or avourable consideration o issues the youth

want addressed

- Issuing press statements on pertinent matters

- writing petitionse) Engaging in education eorts-this can be through:- Organizing and attending public lectures

- engaging in public education e.g. through mass media

communications

- being trained in dierent capacity building programmes

) Voting at elections to have candidates with anagenda benecial to the youth

g) Active involvement in political party work to ensureyouth concerns are given proper attention bypolitical parties

In all these activities, the key to successul engagementis accuracy and clarity. Thus, or instance, you need tobe ully aware o relevant acts otherwise you risk losingcredibility.

14Juan somavia Ho to engage the youth in policy-making



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D THE ROLE OF THE YOUTH IN ENHANCING

PUBLIC ACCOUNTABILITY IN KENYA

1. The Nature o Public Accountability

Generally, demanding accountability calls or watchulness on public bodies and ocials by the citizenry. It

connotes the concept that individuals, agencies and organizations (public, private and civil society) are heldresponsible or executing their powers properly. Put another way, public accountability entails the state andits (public) ocers being held responsible by both citizens and elected bodies, or their (i.e. the state and its

(public) ocers) choices and actions. Accountability also reers to the processes, norms and structures thatrequire powerul actors (governors) to answer or their actions to another actor (the governed), and/or suer

some sanction i the perormance is judged to be below the relevant standard. Consequently, we can speak oaccountability in two orms: legal and political accountability. In other words, a person can be held to account

politically (i.e. through political action ater exercising political judgment) or legally (i.e. at law ater exercising

judicial judgment).



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2. Accountability Mechanim

It is a trite rule o constitutional law that the more purelypolitical the question the more appropriate it is or

political resolution and that the greater the legal contento any issue, the greater the courts potential role becauseunder the Constitution and subject to the sovereign

power o Parliament it is the unction o the courts andnot o political bodies to resolve legal questions. Thus,

the two broad mechanisms or enorcement o rules are:legal mechanisms (i.e. in the courts o law) and non-legal

or political (i.e. in the courts o public opinion).

For instance, matters o high policy (e.g. matters onational security) are best determined by the executive(because such matters largely involve political judgment). Thus, it isor Parliament, not the judges, to determinehow best Kenya can be

deended against thethreat o terrorism. It isthereore imperativethat one is clear aboutthe most appropriatem e c h a n i s mo promotingaccountability inany given situation.Instructively, weshould be aware othe limitations o bothlegal and politicalaccountability. Forinstance, it is worth noting that the eectiveness o thenon-legal enorcement mechanisms mainly dependson whether and to what extent the party seeking

enorcement has the means to eect their threat.

Various avenues exist or the youth to engage in theenhancement o public accountability in Kenya. Theylargely involve political/non-legal mechanisms oenorcement o rules, values, etc. They include the

ollowing:15

(a) Tranparency mechanim Local authorities Local authorities provide optionsto the youth to sit in council chambers and monitorproceedings/debates. This avenue is provided or underthe Local Government Act which states in pertinent partthat every meeting o a council shall, within the limits

o the available accommodation, be open to the public. 16

The Environmental Management and Coordination

Act has mechanisms or

citizens participation.17 Forinstance, section 123 o the

Act entitles the public to

access records transmittedto the National EnvironmentManagement Authority. The

Youth may participate in suchexercises as environmentalimpact assessments which

usually require public input.For example, pursuant to

regulation 21 o Environmental(Impact Assessment and Audit)

Regulations, the NationalEnvironment Management

Authority, (NEMA) usuallyinvites members o the Public to submit oral or writtencomments on project reports.

15Thi categorization i baed on mere practical convenience o analyi rather than logic. 16 section 84 Local Government Act Cap 265 La o Kenya

17 Environment Management and Coordination Act Cap 8 La o Kenya.

23ACTION GUIDE ON YOUTH ENGAGEMENT IN PUBLIC POLICY MAKING AND THE PROMOTION OF ACCOUNTABILITY23


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Electoral processes: The common explanation orlack o youth perspective in the decision-making is that

young people do not vote in large numbers. The youth

should take part in the elections. They should activelyengage in electoral processes and vote or local leaders,MPs and the president o their choice Such electedleaders oten seek resh mandate at the ballot box and

this provides the youth with an opportunity to withdrawsupport or those leaders whose perormance alls below

the required standards. The youth can also report suchincidences as complexity o the voting method, bribery

(including treating i.e. giving small inducements),intimidation and raud to the electoral commission;

make proposals e.g. regarding multiple methods orvoting, including post, internet and telephone (backedby security measures); promote public condence in

the electoral process; etc. While it is imperative that theyouth vote at elections, it equally important that they

also oer themselves or election to public oce.

Expression rights:Examples are reedom o the press,speech and association. The youth can express and

exchange inormation and opinions; write to the editor;protest; demonstrate; etc; create public awareness. They

can also use media (including social media) to draw andocus public attention on particular issues. They shouldocus on areas where there is high sensitivity o the

subject matter and generate and sustain public debate.They can also use the right to assemble with others to

exchange opinions.

Public censure: The youth can censure those who

engage in misconduct and this includes the right tocriticize public bodies/ocials.

Monitoring parliamentary sessions. The youth

should identiy and analyse problems o accountabilityand propose possible solutions. For instance, part o

Agenda 4 o the National Accord regards increasingparliamentary accountability and transparency. Toward

the attainment o that goal the National Assemblyadopted the new Standing Orders on December 10,

2008 during the second session o 10th Parliament.18 Thenew Standing Orders provide or ar reaching reorm oParliament. The reorm items as envisaged by the Kenya

National Dialogue and Reconciliation team have beencaptured in the new Standing Orders. For example, the

new Standing Orders seek to promote accountabilityand improve the quality and output o parliamentary

debates by and have: created an implementation committee to ensure

parliaments decisions are implemented

introduced stricter timelines on processing Bills

provided for secret balloting

introduced live broadcasting proceedings and enhancing

public access to parliamentary debates.

18 Republic o Kenya National Aembly standing Order Government Printer, Nairobi (Adopted by the National Aembly on December 10, 2008, during the second seion o the Tenth Parliament).



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The youth can exploit these avenues by monitoringtelevision broadcasts o parliamentary proceedings,

witnessing the sessions rom the public gallery, reviewingthe Hansard, and so on.

(b) Decentraliation rameork The Local Authorities Transfer Fund (LATF) wasestablished to acilitate the disbursement o unds to localauthorities to supplement the nancing o the servicesand acilities they are required to provide under the LocalGovernment Act.19 The LATF Act and LATF Regulationso 1999 require citizen participation. The youth can usethis avenue to enhance public accountability.

Preparation o the Local Authority Service Delivery

Action Plan (LASDAP) is required to be participatory.Such participation provides accountability mechanismsthat the youth can use. However, there are indicationsthat the youth have had minimal participation in the

LASDAP process.20

This might be remedied partlythrough sensitization and capacity building. An exampleo appropriate exploitation o this avenue is the CoastDevelopment Lobby Group (CDLG). This is

a loose network o about 120 civic accountability groups

rom inormal and ormal urban settlements. Through door-

to door, ocus group discussions and use o local FM radio

stations, CDLG has managed to eectively spearhead a wake-

up call urging citizens to monitor the utilization o LATF as abasis or realizing better services. Through the ormation o

26 Ward committees in Mombasa as polycentric grassroot

social audit groups the lobby have managed to use citizen

score cards and budget tracking tools to eectively audit

ongoing LATF projects against the councils progress reports

and shared with residents through local FM radio and public

rallies. 21

The Constituencies Development Fund (CDF)was established by the CDF Act o 2003 and came

into operation in April 2004. Under the Act, thegovernment sets aside at least 2.5% o its ordinary

revenue or disbursement to the constituencies. TheCDF programme is generally aimed at ghting povertyand shiting planning and identication o projects to

the local communities. The CDF bottom-up planningapproach to development has got opportunities or

youth engagement in public accountability. For instance,the composition o the Constituency Development

Committee includes one person representing the

youth rom the constituency.22 The youth should usethese representatives to ensure accountability in theuse o public unds. There are also established ProjectCommittees which oversee implementation o projects.

These committees are required to be community-basedand the projects should take into account community

interests. Through such mechanisms the youth candemand accountability.23 However, the youth should

not just rely on this special representation. They shouldalso strive to compete with other interested parties or

inclusion in the committees.

(c) specialied bodie The Kenya National Commission on Human Rights

KNCHR is established to help ensure greater and

better promotion and protection o human rights.24The organization was established in July 29, 2003 as aresult o the collaboration between the civil society andthe UNHCHR. Its mandate is to enhance promotion o

human rights in Kenya. It also acts as a watchdog andadvisor o the government.

19Local Authoritie Traner Fund Act (No 8 o 1998) 20see eg Muia DM Local Government Reorm in Kenya: A study on Civic Engagement, Incluivity and Gender Maintreaming in the LAsDAP Proce in

selected Local Authoritie ActionAid Kenya Policy Brie 2006. 21Maita, K Citizen Demand or Public Accountability in Local Authoritie: The Cae or Coat Development Lobby Group in Mombaa Kenya TheGovernance Link Iue 5 september 2008 ActionAid. 22section 23(1)g CDF Act. 23For ome ueul tip on ho to promote accountability in reerence to the CDF matter ee Gikonyo w The CDF social Audit

Guide: A Handbook or Communitie Open society Initiative or Eat Arica Nairobi 2008. 24Kenya National Human Right Commiion Act (no 9 o 2002).

25ACTION GUIDE ON YOUTH ENGAGEMENT IN PUBLIC POLICY MAKING AND THE PROMOTION OF ACCOUNTABILITYEH KAUZI, WHY DO YOU

LOOK AS IF YOU HAVE JUST IVE BEEN SUMMONED BY THE


25/36

LOOK AS IF YOU HAVE JUST

SEEN A GHOST

I VE BEEN SUMMONED BY THE

KNCHR FOR INCITEMENTDID HE REALLY THINK HED

GET AWAY WITH IT! HAH!

KNCHR has powers o a court to: Issue summonses or other orders requiring the

attendance o any person beore the Commission andthe production o any document or record relevant to

any investigation by the Commission Question any person in respect of any subject matter

under investigation beore the Commission

Require any person to disclose any information within

such persons knowledge relevant to any investigation

by the Commission

The Commission may, i satised that there has been aninringement o any human right or reedom, order: The release of any unlawfully detained or restricted

person

The payment of compensation or

Any other lawful remedy or redress

A person who: Fails to attend before the Commission in accordance with

any summons or order issued under subsection

(1) (a) ; or

Having attended before the Commission, refuses to be

sworn or to make an armation, or having been sworn

or armed, reuses without lawul excuse, to answer anyquestion or to produce any document; or

Knowingly gives any false or misleading information to

the commission; or

Causes an obstruction or disturbance in the course of any

proceedings beore the Commission, commits an oence

and shall, on conviction, be liable to a ne not exceeding

twenty thousand shillings, or to imprisonment or termnot exceeding six months, or to both.

For the purpose o investigation into any matter

pertaining to an inquiry, a public servant or agencywhose services are utilized under subsection (1) may,

subject to the direction and control o the Commission:

Summon and enforce the attendance of any person for

examination



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Require the discovery and production of any document;

and

Subject to the Ocial Secrets Act, requisition any public

records or copy thereo rom any public servant.

Kenya Anti-Corruption Commission (KACC). A

number o laws exist to ght corruption. They include: theAnti-Corruption and Economic Crimes Act, 2003, PublicProcurement and Disposal Act 2005 and the Public Ocer

Ethics Act, 2003. There are also a number o institutionsmandated to address issues relating to corruption the

most notable o which are the Kenya Anti-CorruptionCommission (KACC) and the National Anti-Corruption

Steering Committee. KACC is a commission establishedunder the Anti-Corruption and Economic Crimes Act

2003. It is the main agency with statutory mandate toght corruption in Kenya. It is based at the Integrity

Centre in Nairobi. However, concerned citizens wishing to

report any cases o corruption need not come to Nairobi.Communication to KACC can be made by other means

such as Internet, telephone and post. Indeed, KACC isincreasingly becoming more accessible to the public

through its decentralization programme under whichthere are scheduled visits to all parts o the country. 25 Arelated institution is the District Anti-corruption Civilian

Oversight Committees. These committees have capacityto monitor use o public unds.

The youth should ensure continuous monitoring othe Public Ocer Ethics Act. They could also volunteer

as community-based corruption monitors and act asKACCs ears and eyes in the community. Indeed, KACC

has a public participation campaign aimed at involvingthe public in inormation gathering. Instructively,

various interest groups have developed helpul readingmaterials and action tools. For instance, the Arica Youth

Trust has published a handy guide to help the youth inthe ght against corruption.26

(d) Machinery or invetigating citizen

complaint Commissions of inquiry and local tribunals.Inquiries are a very important mechanism inenhancing the attainment o accountability. In theUnited Kingdom, or instance, judicial inquiries

such as the Hutton Inquiry27

or committees oinquiry such as the Butler Inquiry28 are notoriousor demonstrating the ability o inquiries to bringrelevant and credible inormation to the ore. Localexamples include the Commission which was set upto investigate the sale o the Grand Regency Hotel inJuly 2008. The Commission submitted its ndings tothe President in October 2008. Most unortunately,

however, neither have the ndings been made25Kenya Anti-Corruption Commiion Combating Micro-Corruption in Kenya (15 February 2010). 26see Arica Youth Trut Guide to Youth Action Againt Corruption: The Role o the Youth

in the Fight Againt Corruption (AYT) Nairobi 2009. 27Thi a a Britih judicial inquiry et up by the UK government to conduct invetigation into the circumtance urrounding the death o Dr Kelly, an

employee o the Minitry o Deence, ho a claimed to have critical intelligence regarding UK deciion to go to ar in Iraq. 28Thi inquiry looked into the uppoed intelligence ailure leading up to

Britain participation in the ar againt Iraq.

K.A.C.C



27/36

public nor any tangible action regarding the sale been

taken. Another example is the Waki Commission thatwas set up ater the post election violence o 2007/2008.

This Commission proposed, among other things, a localtribunal with an alternative or pursuing the International

Criminal Court (ICC) process to investigate and try thoseresponsible or the violence. As o March 2010 eorts toset up a local tribunal pursuant to the Waki Commission

Report had been ruitless but the ICC process had beenset in motion.

The Public Complaints Standing Committee: is a

public body established by the President in 2007.29 It ismandated to receive, register, sort, classiy and document

all complaints against public ocers and to enquire intoallegations o misuse o oce, corruption, and unethicalconduct, breach o integrity, maladministration, delay,

injustice, discourtesy, inattention, incompetence,misbehaviour, ineciency or ineptitude. The youth

should push or greater public accessibility andawareness. While the recommendations o the

Commission may ail to deliver the degree o satisaction

sought by the complainant, they denitely carry somemoral and political orce which might in some cases rise

to such a threshold as to compel compliance, orce oneto resign, etc. It is also worth noting that it seems there

is an emerging trend in lawmaking in Kenya wherebyupcoming pieces o legislation have inbuilt ombudsman-like mechanisms.

The State Law Oce institutions: e.g. AdvocatesComplaints Commission is a statutory body established

to inquire into any public complaints against practisingadvocates, rm o advocates or any member or employee

thereo. The youth can report complaints to theCommission. The Commission has designed a helpormor this purpose.

Civil society organizations (CsO): Civil society reersto the arena o collective action around shared interests,

purposes and values. There are a number o CSOs andrelated non-governmental organizations working in the

area o public accountability. One o the most notablehere is the Mars Group Kenya. It is largely Internet based

and it monitors and tracks all public institutions andoces. It has over 7,700 registered subscribers whoinclude individuals both in government and private

sector, media and other international communities.30

The Arica Youth Trust31

has programmes that arerelated to youth engagement in public policy-making

and accountability promotion. The Arican Centre orOpen Governance32 has public accountability projects

mainly ocusing on CDF. The youth can orm interestand pressure groups and build coalitions with such like-minded organizations in order enhance their capacity to

promote public accountability.

29see gazette notice no.5826 o June 29th 2007 & no. 6327 o 13th July 2007. 30Their addre i .margroupkenya.org. 31webite addre: .aricayouthtrut.org32

webite addre: .aricog.org

YES, ITS TRUE I PARTICIPATED

IN THE LAND CLASHES, INFACT I

WOULD LIKE TO RETURN THE CHICKEN

I STOLE

COMMISSIONOFINQUIRY



28/36

(e) Judicial procedure or accountabilityAny alleged unlawul use o power can be tested and inecessary corrected through

Judicial control of administrative action (i.e.the process through which government powers arecontrolled by the courts) e.g. judicial review o public

administration.

Private prosecutions: The term private prosecutionapplies to the criminal proceedings that are usuallyinitiated or brought beore a court, by an individual or

private organization instead o a public prosecutor whorepresents a sovereign state. The youth can seek to havethose who engage in corrupt practices held to accountat law by way o private prosecutions.

The right to private prosecution is an importantconstitutional saeguard against abuse o stateprosecutorial powers. The law on this area is mainly ound

in the Constitution and the Criminal Procedure Code.33Instructively, however, the availability o this right is atthe discretion o the Attorney General. This requirementappears to be the main obstacle to the attainment o theobjective o the right to private prosecution since, as anumber o recent cases have shown, in practice the AGseems unwilling to grant the prerequisite permission.34

() Parliamentary procedure provide a number oavenue through hich public accountability

can be promoted Parliaments Oversightrole is an ample opportunityto promote accountability. Government can be

accountable to the people through Parliament.35 Theyouth can lobby MPs to ask questions in Parliament.

Parliament through its oversight procedures can call

the government to account or its exercise o power.Examples of such procedures include the PMs Question Time, private members questions, debates, selectcommittee inquiries (e.g. the notorious Public Accounts

Committee), etc. The major sanction o the committeesis publicity. In this regard, the youth might, or instance,blacklist, name and shame the ministers and civilservants who habitually ail to give ull and completeevidence, ail to attend or reuse to cooperate with thecommittees.

A related accountability avenue is ministerial responsibility. This is designed to ensure that government acts inaccordance with the principles o the Constitution and isully accountable to the electorate through Parliament.

This doctrine requires both that ministers are bound bydecisions taken or endorsed by the Cabinet and that Cabinetdiscussions must remain absolutely condential. A ministerwho fouts this is required to resign. Individual ministerialresponsibility is twoold. First, the minister should conducthimsel in an appropriate manner and secondly the ministeris accountable to Parliament or the management o hisgovernment ministry. Any (major) ailures in this regard

should lead to demands or resignation. It should be notedthat the sanction o resignation applies with regard to policyailure rather than departmental ailures or operationalmatters. For that reason, it is more accurate to speak oministerial accountability rather than responsibility.36

The youth might be able to infuence this ministerialresponsibility sanction by doing the ollowing, amongothers: gathering, ordering and testing inormation about (i)

the impression given to Parliament and the public regardingthe governments unity and (ii) ministers personal conductand conduct o their ministries. Armed with this inormation,the youth can proceed to the court o public opinion,publicise the ministers wrongul conduct and put pressureon them to resign. This can be done through such measuresas peaceul demonstration, lobbying, protests, writingletters to the editor, lobbying members o parliament to askquestions in parliament, etc

33see, eg 85-90 Criminal Procedure Code (Cap 75) 34see, e.g. Otieno Cliord Richard v Republic (2006) eKLR 35statement that comprie parliamentary proceeding are protected by abolute privilege andthi enhance the quality o debate a there i little ear or avour.

36O coure it ould be accurate to peak o miniterial reponibility here a miniter i peronally at ault


E CONCLUsION


29/36

E CONCLUsION

This Action Guide set out to aid the youth in making

the most o the avenues or involvement in public

policy making and promotion o accountability. It hasit explained the tenets o public policy and highlightedthe role the youth can play in infuencing public

policy in advocating or the enhancement o publicaccountability.

Some relevant mechanisms regarding public policy

(a) Organized (specialized) interest groups

(b) Use o experts(c) Participatory processes

(d) Advocacy and Lobbying

(e) Public-private sector partnerships

() Decentralisation rameworks

(g) Mass media

(h) Public Petitions

Some relevant mechanisms regarding public

accountability

(a) Mechanim to acilitate tranparency Electoral processes

Public censure

Monitoring parliamentary sessions

(b) Decentraliation rameork The Local Authorities Transfer Fund (LATF)

The Local Authority Service Delivery Action Plan

(LASDAP)

The Constituencies Development Fund (CDF)

(c) specialied bodie Kenya Anti-Corruption Commission (KACC).

The Kenya National Commission on Human Rights

(KNCHR).

(d) Machinery or invetigating citizen complaint Commissions of inquiry and local tribunals

The Public Complaints Standing Committee

The State Law Oce institutions

Civil Society Organizations (CSOs).

(e) Judicial procedure or accountability Judicial control of administrative action

Private prosecutions

() Parliamentary procedure Parliaments oversight role

The ultimate question becomes: where do we go romhere? The answer is: let us take action. Appropriate

action toward solving problems in the realm o public

policy-making and accountability promotion mightentail exploiting the ollowing mechanisms as detailedin the oregoing sections o this Action Guide:


F GLOssARY


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Accountability the extent to which a person can be liable to have their actions questionedby others and to respond responsibly when wrongul conduct is detected

Advocacy use o inormation to change policies

Consultation to talk things over in order to decide what to do

Corruption abuse o power or authority or selsh gain

Law all the rules that are established by some sovereign authority and enorcedthrough the court/judicial system

Legal accountability the extent to which a person is liable at law

F GLOssARY


L l l l th t i d d d b th t l


31/36

Legal rules rules that are recognised and enorced by the courts o law

Lobbying trying to infuence the decision o public administrators in avour o aparticular interest group

Morality principles or standards o rightness or wrongness

Non-legal rules all the rules o conduct established and enorced by the society outside thejudicial or court system

Ombudsman public complaints commissioner

Parliament the arm o government that is tasked with making law

Political accountability the extent to which a person is liable according to the principles o rightand wrong in conduct regardless o the legality or otherwise o the conductat issue

Public petition established means in the Commonwealth tradition by which the general

public, or any sector o it, ormerly noties Parliament o its (dis) pleasure ormakes specic demands or requests.

Standing orders rules that regulate the procedure o the National Assembly particularlyregulations or the orderly conduct o proceedings

Youth any person aged between18 and 35 (National Youth Council Act o Kenya

2009)


F REFERENCEs


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F REFERENCEs

Annual Survey and Documents Arica Contemporary Record 1969-1970

Anson R.W. Principles o the Law o Contract, Arthur L Carbin Ed

Arica Youth TrustGuide to Youth Action against Corruption:The Role of the Youth in the Fight Against Corruption (AYT) Nairobi 2009

Garner A. B. Blacks Law Dictionary 8th ed (Thomson West)

Gikonyo W The CDF Social Audit Guide: A Handbook or Communities Open Society Initiative or East Arica Nairobi2008.

Dye Thomas R Understating Public Policy 12th Edition,

Isolationist Policy and Neutrality Act Encyclopedia Britannica

Juan Somavia How to engage the youth in policy-making

Kenya Anti-Corruption Commission Combating Micro-Corruption in Kenyawww.kacc.go.ke

Kenya Institute o Public Policy Research and Analysis (KIPPRA) 2001

Kenya: ICT policy debates, 05/06/04. www.arica.Upenn.edu/aricocus

KIPPRA Kenya Institute o Public Policy Research Analysis paper on Eectrive Private Sector representation inpolicy Formulation o Implementation by Mwangi S. Kimenyi.

Maita, K Citizen Demand or Public Accountability in Local Authorities: The Case or Coast Development Lobby Groupin Mombasa KenyaThe Governance LinkIssue 5 September 2008 ActionAid.

Ministry o Environment and National Resources June 1994 The Kenya National Environmental Action Plan NEAP1994-1996

Mitullah W, Odhiambo M and Ambani O (eds)Kenyas Democratisation: Gain or Losses?Claripress, Nairobi 2005



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Muia DM Local Government Reorms in Kenya: A Study on Civic Engagement, Inclusivity and Gender Mainstreaming

in the LASDAP Process in Selected Local Authorities ActionAid Kenya Policy Brie 2006.Patel P, Collin J and Gilmore AB The law was actually drated by us but the Government is to be congratulated on itswise actions: British American Tobacco and Public Policy in KenyaTobacco Control 2007; 16:e1http://www.tobaccocontrol.comPolicy in Kenya actions British America Tobacco and public policywww.ishtm.ac.uk/cgch/tobaccoWalker. The Oxord Companion to LawWorld book 2001 (USA) 20U, published by World Inc 2001World book 2001, 17R and 4C(china and Russia) published by World Inc 2001

Legal InstrumentsAnti-Corruption and Economic Crimes Act, 2003Constituencies Development Fund ActConstitution o KenyaCriminal Procedure Code (Cap 75)Environment Management and Coordination Act Cap 8 Laws o Kenya.Kenya National Human Rights Commission Act (no 9 o 2002).Local Authorities Transer Fund Act (No 8 o 1998)Local Government Act Cap 265 Laws o Kenya.National Youth Council Act (No 10 o 2009)Ocial Secrets ActPublic Ocer Ethics Act, 2003Public Procurement and Disposal Act 2005Republic o Kenya National Assembly Standing Orders Government Printer, Nairobi (Adopted by the National

Assembly on December 10, 2008, during the Second Session o the Tenth Parliament).

Some Relevant CasesA v Secretary o State or the Home Department [2005] 2WLR 87.Otieno Cliord Richard v Republic (2006) eKLR


ACTION


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ACTION

GU ID EON YOU TH ENGAGEMENT IN PU BLIC POLICYMAKING AND THE PROMOTION OF ACCOUNTABILITY

This publication is made possible courtesy of a grant award through the StarbucksTM Shared PlanetTM Youth Action Grants

program. The contents are the responsibility of the Africa Youth Trust and do not necessarily reect the views of the

International Youth Foundation and the Starbucks Foundation.

Improved Legislation and Public Accountability in Kenya Guide Production Team

Project Team Coordinator: Nahum Okwiya

Project Team Manager: Joseph Kimani

Project research assistant: Christine Kilisio

Cartoonist: Mark Njoroge

Compiled by: Josphat AyamundaDesign and Layout: Davis Atundo (Willart Productions Limited)

SUPPORTED BY

intenationalyouth

foundation

lhn


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Africa Youth Trust

O Laikipia Road, Kileleshwa

P. O. Box 7192 - 00100, Nairobi,Kenya

Tel: +254 20 2022269

[email protected]

www.africayouthtrust.org

SUPPORTED BY

intenationalyouth

foundation

lh

n

ISBN: 9966-05-283-6