creco county model policy framework for public participation
TRANSCRIPT
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MODEL POLICY FRAMEWORK
FOR PUBLIC PARTICIPATION
IN COUNTY GOVERNMENTS
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MODEL POLICY FRAMEWORK FOR
PUBLIC PARTICIPATION
IN COUNTY GOVERNMENTS
2014
Constuon and Reform Educaon Consorum(CRECO)
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Commissioned by:
Constuon & Reform Educaon Consorum (CRECO)[Muungano Wa Elimu Ya Kaba]
Matumbato Rd., O Upperhill Rd,Gate No. 39 Next To Internaonal Guest House
P.O. Box 2231 - 00200, City Square Nairobi KenyaTel: 020 2654724, Mobile 0722 209779
Copyright CRECO 2014
ISBN: 978-9966-043-03-0
Design, Layout & Prinng by:
Myner Logiscs
P.O. Box 9110- 00200 Nairobi
Tel: 020-2211890/1
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TABLE OF CONTENTSList of Acronyms..............................................................................................................iv
Acknowledgements..........................................................................................................v
Foreword ........................................................................................................................vi
POLICY CONTEXT1. ................................................................................................1
Introducon................................................................................................11.1
The raonale of the Policy Proposal ..........................................................21.2
Expected Outcome.....................................................................................21.3
Scope and Applicaon of the Policy...........................................................21.4
Historical Overview of Public Parcipaon in Kenya...................................31.5
BACKGROUND & CONCEPTS OF PUBLIC PARTICIPATION .....................................52.
Basic Assumpons Underlying Public Parcipaon............................................51.1.
Dening Policy ....................................................................................51.1.1.
Public Parcipaon..............................................................................51.1.2.
Who is the Public.................................................................................51.1.3.
Parcipaon as a Constuonal Right.................................................61.1.4.
Parcipaon of Persons with Disabilies.............................................61.1.5.
Parcipaon of Marginalised Communies........................................61.1.6.
Mainstreaming Gender & Youth Issues in County Development .......61.1.7.
Challenges...........................................................................................71.1.8.
Literature Review................................................................................................71.2.
Public Parcipaon in Internaonal & Regional Agreements ...........71.2.2.
Naonal Legislaons ..........................................................................91.2.3.
The Tuscan Law............................................................................9b)
Scotland......................................................................................10c)
Canada.......................................................................................10d)Georgia.......................................................................................10e)
South Africa................................................................................11f)
Constuonal and Legal Framework on Public Parcipaon ..........................111.3.
THE VALUE OF PUBLIC PARTICIPATION ..............................................................163.
3.1. Introducon .......................................................................................................16
3.2. Measurable Gains for a Public parcipaon Policy.............................................17
3.3. Core Values of Public Parcipaon.....................................................................17
3.4. Public Parcipaon Principles............................................................................18
POLICY FRAMEWORK .......................................................................................204.
4.1 Sectoral Analysis & Emerging Policy Issues...................................................... 20
4.2 Legislave Funcons........................................................................................20
4.3 Service Delivery ...............................................................................................21
4.4 Environment.................................................................................................... 21
4.5 Budgeng.........................................................................................................21
4.6 Formulaon of IDPs ........................................................................................22
POLICY PROPOSALS AND IMPLEMENTATION FRAMEWORK...............................245.
STRATEGIES FOR PARTICIPATION.......................................................................326.
REFERENCES (To be done once the dra has been reviewed).............................397.
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LIST OF ACRONYMS
CBOs Community Based Organisaons
CDF Constuency Development Fund
CEC County Execuve Commiee
CIMES County Integrated Monitoring Systems
CBMS Community Based Monitoring System
CSAP Community Strategic Acon Plans
DFRD District Focus for Rural Development
FBOs Faith Based Organisaons
IDPs Integrated Development Plans
IEA Instute of Economic Aairs
KHRC Kenya Human Rights Commission
LASDP Local Authories Service Delivery Plan
MCA Member of County Assembly
NGOs Non Governmental Organisaons
NIMES Naonal Integrated Monitoring Systems
SFG Special Focus Groups
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ACKNOWLEDGMENT
Constuon and Reform Educaon Consorum (CRECO) gratefully acknowledges theCentre for Enhancing Democracy and Good Governance (CEDGG) for allowing us to
use their original report tled A proposal for Policy Framework for Eecve Public
Parcipaon for Nakuru County Governance and Development as the foundaon,
of this model public parcipaon framework. Their lead consultant Mr. Milton Obote
who conducted a thorough research in consideraon of both local and internaonal
experiences with regard to public parcipaon in governance and development
processes. We also acknowledge the CEDDG Sta who contributed to the development
of the original report. We also thank UNDP Amkeni Wakenya, for their nancial supportin the preparaon and producon of theoriginal report through CEDGG.
CRECO also wishes to thank its members who went through the report and gave
their feedback and inputs in a plenary meeng organized for that purpose. We also
acknowledge Policy Opons Kenya who edited the report factoring the inputs of CRECO
members and added value to make it what it is.
We would also like to sincerely thank all the sta members of CRECO Secretariat namely:
Zipporah Abaki, Joel Mungania, Renee Kamau, Boaz Mugoto, Martha Ndururi, Edna
Change, Moses Bakari and Regina Opondo.
Our sincere thanks also go to the Management Commiee: Ms. Rhoda Musyoka
(Chairperson), Mr. Aminer Owino (Vice- Chairperson), Mr. Masese Kemunche
(Secretary), Ms. Lydiah Gairira (Treasurer), Ms. Pauline Mbodze (Vice Secretary), Ms.
Asenath Nyamu (Member) and Mr. Peter Gitonga (Member) for guiding the Secretariat
towards excellence.
Our thanks go to Drivers of Accountability Program (DAP) for their support towards
the review of this framework and Humanist Instute for Cooperaon with Developing
Countries (HIVOS) Nairobi Oce, for their support towards the re-print of this book.
Regina Opondo
Execuve Secretary
CRECO Kenya
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FOREWORD
Kenyans have deep and longstanding concerns about the ways in which resources have
been distributed throughout the country. Many regions and communies felt that they
had been excluded by a strong central regime. The andote in the 2010 Constuon is,
on the one hand, devoluon of power to lower levels of government and, on the other
hand, an aempt to open up instuons at all levels and increase the opportunies for
public parcipaon, as well as greater checks by new bodies, such as the Controller of
Budget, the County Assemblies and the Senate.
It follows from this that public parcipaon is in part about aligning the needs and
demands of the public more closely with the choices of government ocials. This
suggests that public parcipaon must occur at the formulaon and approval stages
of the budget and planning, when priories are being set. At this stage, public
parcipaon will enhance decision making by bringing informaon about public needs
to the aenon of policy makers as they priorize their spending. This can lead to more
equitable distribuon of resources.
At the same me, concerns about corrupon and failure to account for resources
during the course of budget implementaon suggest that public parcipaon in Kenya
is also important during budget execuon and when budget performance is evaluated.
The same can be said about other planning and development processes. The public
has an oversight role to play that complements the County Assembly and other
bodies. Informaon that the public holds about the eecveness of public spending
at community level, can help inform the oversight process and improve budget
implementaon. Therefore, public parcipaon is essenal at all stages of the budget
process and other planning and development processes.
Public parcipaon is also about building the legimacy and credibility of government.
By engaging robustly with cizens, County government ocials can ensure support
for their programs and build condence in the competence of the administraon. This
in turn can encourage cizens to pay taxes, investors to commit funds, and donors
to top up exisng sources of revenue. Therefore eecve parcipaon will require
transparency and an eecve feedback loop in which cizen demands are responded
to and reasons are given for incorporang or not incorporang them. The success of a
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public parcipaon program is largely determined by how thoroughly and thoughully
it is planned. Successful meengs and events are determined by the degree to which
an agency eecvely commits to and prepares for the enre process, especially
creang and providing the informaon needed by stakeholders and building eecve
relaonships with key stakeholders.
The need for a county policy framework on cizen parcipaon is anchored on the
Constuon of Kenya 2010 and relevant Acts of parliament parcularly the County
Government Act 2012 among others. The main objecve of this publicaon is to
propose a framework for County policies on public parcipaon. This framework can
be adopted by any of the 47 Counes in Kenya. It outlines the six areas that must be
addressed by County governments if eecve cizen parcipaon is to be realized.
These include: Policy Context; Background and Concepts of Public Parcipaon;
Value of Public Parcipaon; Policy Framework; Policy Proposals and Implementaon
Framework; and Strategies for Parcipaon. The goal of this report is to provide a
template for actualizing viable county specic policies to entrench cizen parcipaon
in governance and development.
Angela Rhoda Musyoka
ChairpersonCRECO Management Commiee.
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POLICY CONTEXT1.0.
1.1 Introduction
The concept of public parcipaon in administraon has been heralded by all
democracies as the backbone of democrac governance. The appropriate role of the
public in administraon has been an acve and ongoing area of inquiry, experiment
and revoluon. The contemporary movement to examine the role of the public in the
process of administrave decision making has come about in response to problems
in the laer half of this century and as a result of concern on the part of the cizens,
administrators and policians over cizen discouragement and apathy (Box 1996;
Putnam 1995; Timney 1996; Thomas 1995).
Globally, parcipatory democracy is viewed as essenal to ensure a high level of
legimacy, contribute to empowerment and strengthen democracy. Parcipaon by
all stakeholders especially at local levels of government has come to be viewed as a
necessary condion for promong good governance.
Through this document we seek to provide a policy framework for public parcipaon
in Kenya. It builds on the commitment of the democrac government to deependemocracy which is rooted in the constuon, and above all in the in the concept of
communies as a composite of devoluon in the County Governments.
The policy seeks to deepen the involvement of local communies in County Governance
by incorporang village forums, ward commiees and the other stakeholders in
consultaon around key county process like Integrated Development Planning (IDP),
the budget, performance management and service delivery. This shall apply in respect
of implementaon, monitoring and evaluaon as well as planning.
The policy framework advocates for a form of parcipaon which is genuinely
empowering and not token consultaon or manipulaon. This involves a range
of acvies including creang structures at the ward level to support democrac
parcipaon and representaon and populang those structures with capacies to
plan, implement and monitor their plans. The human capital to power this approach is
drawn from the local working groups and CBOs.
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The Raonale of the Policy Proposal1.2.
The main purpose of this policy proposal is to provide for mechanisms by which the
public may parcipate in the aairs of the counes; openness, transparency and
accountability on the part of the county governments, polical structures and its
administraon by providing for cizens to exercise their right to public parcipaon
Expected Outcome1.3.
I t will create awareness and sensize both county oicials and county
cizens on the importance ofcizen parcipaon.
I t will enable County government fulfill the requisite condions for
capacitang county cizens to parcipate in the management of
county, sub-county and local governance and development while
holding duty bearersaccountable.
I t will enable duty bearers like the county government as well as
relevant NSAs in the county to assess their capacity to deliver a
people centered management of county resources.
I t will call upon duty bearersto adapt, develop and implement periodic,
ifnot connuousparcipatory capacity building methodologies in
order to involve, enlighten and empowercounty cizens.
I t lays out the template for an eecve county in fo rmation
management which predisposes county cizens toward eecve
oversight role in county governance and development.
Scope and Applicaon of the Policy1.4.
The policy develops the principles and sets out the ways and means of how they
will be achieved. These principles will be applied on a case by case basis when the
county governments engages the public and other stakeholders in developing county
legislaon, policy and strategy, and in implemenng , monitoring and evaluang polices
and projects as well as when evaluang the quality of the delivery of services.
This policy will however not apply to public parcipaon processes where naonal
(sectoral) legislaon prescribes the norms and standards to be used for those processes.
Where these legislated norms and standards do not exist and where they are below
those set by this policy, the county government may apply this policy to eecvely and
eciently execute the legislated public parcipaon.
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Historical Overview of Public Parcipaon in Kenya1.5.
Parcipatory Development in Kenya like in many other countries was for decades
conned to community development projects which were mainly donor funded and
supervised (Wakwabubi and Shiverenje, 2003).
Kenya aempted to instuonalize decentralized planning and implementaon of its
programmes as early as the 1960s through Sessional Papers. The most comprehensive
one was the District Focus for Rural Development (DFRD) Strategy which became
operaonal in 1983. However, the Strategy emphasized involvement of central
government eld workers in planning and implementaon of programmes and therefore
ignored indigenous knowledge and experiences. Chitere and Ireri (2004) notes this
is contrary to the concepon of the parcipatory approach. Ideally in parcipaon,
development workers such as civil servants have a role in facilitang the process through
assisng communies to idenfy and solve their own problems.
The DFRD Strategy also faced challenges in implementaon because it lacked statutory
anchorage that could entrench the coordinang commiees in the law. The operaons
were carried out administravely rather than legally. This has been a characterisc
of decentralized policies in Kenya whereby some funds have been created by Acts of
Parliament and therefore have had legal backing. However, others have been created
through policy pronouncements and consequently have had no guarantee of connuity
(KHRC and SPAN, 2010).
The enactment of the Physical Planning Act in 1996 saw further evoluon of parcipatory
development. The Statute did provide for community parcipaon in the preparaon
and implementaon of physical and development plans. However, its major shorall
is the lack of the crical element of community sensizaon on their roles. Physical
planning is also centralized in major towns and thus communies residing in remote
areas remained marginalized in parcipatory planning (Okello, 2008).
Over the past one decade, the LASDAP and CDF have been the main vehicles of
community parcipaon at the local level. The LASDAP was introduced in 2001 through
a ministerial circular whilst the CDF was established in 2003 through the CDF Act (2004).
The LASDAP were a three year rolling plans that are required to have a poverty focus
with priority areas in health, educaon and infrastructure (Kibua and Oyugi, 2006). TheLASDAP provided opportunies for the local authories to construcvely engage with
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local communies on maers of planning, budgeng and development (Ministry of
Local Government, 2009).
The CDF Act on the other hand targets constuency level development projects
parcularly those aiming to combat poverty at the Constuency level.
Devoluon is widely seen as a mechanism to instuonalize cizen parcipaon in
development planning, increase the opportunies for polical parcipaon thereby
enhancing democrac polical culture (Ndulo, 2006), and enhance communies sense
of ownership (Oloo, 2006).
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2.0. BACKGROUND AND CONCEPTSOF PUBLIC PARTICIPATION
2.1. Basic Assumpons Underlying Public ParcipaonPublic parcipaon has been dened in various ways by dierent people, and for a
variety of reasons. For purposes of this policy, public parcipaon is dened as an open,
accountable process through which individuals and groups within selected communies
can exchange views and inuence decision making.
It is further dened as a democrac process of engaging people, deciding, planning and
playing an acve part in the development and operaon of services that aect their
lives.
2.1.1. DefiningPolicy
Refers in general to a purposive course of acon that an individual or group consistently
follow in dealing with a problem (Anderson 2006). It is a standing decision characterized
by behavioral consistency and repeveness on the part of both those who make it and
those who abide by it.
2.1.2. Public Parcipaon
IAP2 (2002) denes public parcipaon as the process by which an organisaon
consults with interested or aected individuals, organisaons and government enes,before making a decision. In essence, parcipaon gives voice to the voiceless and
agency to aend to the needs of the marginalised, in this way the publics needs
come rst through posive development
2.1.3. Who is the Public?
The general public can be treated as one coherent whole only disnguished by dierent
interests. Michiel S De Vries (2007) oers that the public does not exist as such but that
there are prot organisaons, not for prot organisaons, religious organisaons, the
media and polical party groups all which are groups within the public sector and the
public in general.
Cizens can parcipate as individuals, interest groups or communies more generally.
In Kenya, in the context of public parcipaon, communies are administravely
zoned from the villages to the sub locaons up to the naonal level, with elected
representaves. The lowest cadre of representaon is at the ward level where the
ward commiees play a central role in bridging the hierarchies of representaon. These
ward commiees may be made up of technical persons in the dierent interest groups
from the general public.
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2.1.4. Parcipaon as a Constuonal Right
The Fourth Schedule of the Constuon gives counes the power to ensure and
coordinate the parcipaon of communies and locaons in governance at the local
level and assisng communies and locaons to develop the administrave capacity for
the eecve exercise of the funcons and powers and parcipaon in the governance at
the local level. Conversely, devoluon may lead to the translaon of naonal government
bureaucracies, poor ulizaon of resources, rent seeking and lack of accountability to
the sub-naonal units. With the foregoing therefore, policies to support new, exible
approaches to ensuring a greater degree or acve parcipaon by cizens are needful
and captured in the constuonal framework below.
2.1.5. Public Parcipaon of Persons with Disabilies
The policy envisaged should re-state its commitment to the concepts of equality and
non-discriminaon. Addionally, it should restate an unambiguous commitment to
armave acon and equal opportunity if parcipaon in governance and development
is to be realized by all individuals and groups of people regardless of bias factors as
ethnicity, race, colour, religion, sex, sexual orientaon, age, genec informaon, or
disability.
2.1.6. PublicParticipationof theMarginalizedCommunities
The Constuon providesthat the marginalized and minorieshave the right to fully
parcipate in the integrated social and economic life ofKenya asa whole and in the
counesin parcular. Counes should pass legislaon that promotes the interests and
rights of minories and marginalised communies in county development.
2.1.7. MainstreaminggenderandYouthIssuesinCountyDevelopment
Airmave acon in respect of gender and youth cannot be gainsaid. Its therefore
incumbent upon any government that aspires towards equality, non-discriminaon
and inclusivity to frame viable modalies by which gender, youth and children are
factored in every strategic decision. These variables are not just traits of individuals
but are an instuonalized system of social pracces. So factoring gender means
howwe deal with social system ofpracces.
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2.1.8. Challenges
Policy concerns emanang from the examinaon of the past and present devolved
structures are:
All of these eorts are piecemeal in nature. Though the law has provided
avenues for engaging, they result in random and uncoordinated engagements
with the public and county structures since they are derived from separate
legislave and policy mandates that are more oen on ad hoc basis.
There is no integraon and readily available and comprehensible informaon
on how eecve, ecient and responsive the county government structures
are to the public.
The need to create awareness amongst duty bearers and cizens on what public
parcipaon is and its importance.
The need to build the capacity of cizens to enhance their parcipaon in the
management of local aairs and projects, and to hold duty bearers accountable.
Duty bearers also need connuous capacity enhancement on parcipatory
methodologies.
Poor informaon management on the part of the duty bearers.
Therefore, through this policy, the County Governments will introduce a coordinated,
managed and evaluated approach to achieving meaningful public parcipaon and
consultaon as provided for in the constuon and other enabling statutes.
2.2. LITERATURE REVIEWOF SELECTED INTERNATIONAL BEST PRACTICES
2.2.1. Public Parcipaon in Internaonal and Regional Agreements
Internaonal and regional agreements, as well as popular pressure to open up
governmental decision-making processes are spurring governments to take steps to
improve transparency, parcipaon and accountability.
The Internaonal Associaon for Public Parcipaon (IAP2) promotes and seeks to
improve the pracce of public parcipaon in relaon to individuals, governments,
instuons, and other enes that aect the public interest in naons throughout the
world. The internaonal associaon for public parcipaon core values includes;
Public parcipaon is based on the belief that those who are aected by a1.
decision have a right to be involved in the decision-making process.
Public parcipaon includes the promise that the publics contribuon will2.inuence the decision.
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Public parcipaon promotes sustainable decisions by recognizing and3.
communicang the needs and interests of all parcipants, including decision
makers.
Public parcipaon seeks out and facilitates the involvement of those potenally4.
aected by or interested in a decision.
Public parcipaon seeks input from parcipants in designing how they5.
parcipate.
Public parcipaon provides parcipants with the informaon they need to6.
parcipate in a meaningful way.
Public parcipaon communicates to parcipants how their input aected the7.
decision.
The Internaonal Covenant on Civil and Polical Rights(ICCPR) provides safeguards to
public parcipaon and they include:
Arcle 25- Every cizen shall have the right and the opportunity, without any of the
disncons menoned in arcle 2 and without unreasonable restricons: (a) to take
part in the conduct of public aairs, directly or through freely chosen representaves;
Arcle 27- In those States in which ethnic, religious or linguisc minories exist, persons
belonging to such minories shall not be denied the right, in community with the other
members of their group, to enjoy their own culture, to profess and pracce their own
religion, or to use their own language.
The South African Constuonal Court in Doctors for Life Internaonal v The Speaker
of the Naonal AssemblyCase CCT 12/05, said of Arcle 25:
The ICCPR guarantees not only the right but also the opportunity to take part
in the conduct of public aairs. This imposes an obligaon on states to take posive
steps to ensure that their cizens have an opportunity to exercise their right to
polical parcipaon.
Arcle 13 of the United Naons Convenon Against Corrupon obligates state pares
to take appropriate measures within its domesc law to promote acve parcipaon
of individuals and groups outside the public sector such as the civil society, non-
governmental organisaons and community based organisaons in the prevenon ofand in the ght against corrupon through enhancing transparency and promong the
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contribuon of the public to decision making process as well as ensuring the public
has eecve access to informaon.
In 1990, the African leadership meeng in Arusha, Tanzania enacted the African Charter
for Popular Parcipaon in Development and Transformaon whose objecve is to
recognise the role of peoples parcipaon in development and dene appropriate
approaches to the promoon of popular parcipaon in policy formulaon, planning,
implementaon, monitoring and evaluaon of development programmes. Arcle 11 of
the Charter arms the empowerment of the people to eecvely involve themselves
in creang the structures and in designing policies and programmes that serve the
interest of all as well as to eecvely contribute to the development process and share
equitably in its benet.
At the 1992 Earth Summit in Rio, naons from around the world adopted Principles of
the Rio Declaraon, where Principle 10 of the Declaraon emphasises the importance
of public access to informaon, parcipaon in decision making process and access
to judicial procedures and remedies. Agenda 21 of the Rio Plan of Acon commied
governments to pursue broader public parcipaon in decision making process and
policy formulaon for sustainable development.
In 1988, the United Naons Economic Commission for Europe adopted the Convenon
on Access to Informaon, Public Parcipaon in decision making and Access to Jusce
in Environmental maers (De Villiers, 2001:122).
The Declaraon of the Internaonal Conference on Public Parcipaon held in Guateng,
South Africa (The Guateng Declaraon of March 2012) stressed the importance of public
parcipaon as an essenal ingredient to good governance and human development,
whose ulmate objecve is to improve the livelihood outcomes of people.
2.2.2 Naonal Legislaons:
a) The Tuscan Law
Under the recent amendments to the constuon of Italy, regions have considerable
power, including residual legislave power. One of the regions, Tuscany has enacted a
broad based legislave framework. The remarkable features of this legislaon (Regional
Law 69 0f 27 Dec. 2007) include:A right to parcipate
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The creaon of a single person authority for the guarantee and promoon of
parcipaon
Training programmes to develop a civic and parcipatory culture
Groups within the community (provided they reach a certain percentage of the
community) may ask for nancial assistance with parcipaon
Priority given to parcipaon exercises that involve the vulnerable or
disadvantaged, including the disabled, development on land that will have
signicant potenal impact on the landscape or environment; that facilitate
gender-balanced parcipaon; that adopt innovave forms of communicaon
especially that permit the peorple to be involved in the nal stages of the
process.
b) Scotland
The Scosh Parliament (2000) proclaimed that this parliament was elected on a
promise: that policy making would be more open, parcipatory and consultave. That
is what the people of Scotland expect of us. Our success in meeng the promise of
openness and accountability will be a litmus test of our achievement of the wider
aspiraon of devoluon (De Villiers, 2001:115).
This statement by the Scosh Parliament embodies the internaonal trends and
developments with regard to the noon of public parcipaon. It reiterates the renewed
commitment to and view of public parcipaon as an essenal ingredient to democracy.
Public parcipaon in pracce is regarded as contribuon to empowerment and
educaon of the public as well as enhancing the stability and legimacy of democracy.
c) Canada
In the Canadian democracy, public parcipaon in government decision-making is now
a regular aspect of polical life. It became a feature of public policy in Canada from the
1960s and 1970s with the consequence that today; decisions by government without
public parcipaon are the excepon rather than the rule. The Canadian Constuon
and general legislaon do not provide for public parcipaon, yet it now plays a
signicant role in policy and law-making (De Villiers, 2001:117-118).
d) Georgia
Georgias new law on self-governance that came into force in 2005 obliges municipaliesto ensure that acve parcipaon of society, seek ways of co-operaon with them and
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ensure transparency, accountability, socio-economic development, civil parcipaon
and improvement of living standards especially for vulnerable people (Oxfam GB,
2009).
e) South Africa
The culture of public parcipaon in South Africa has been inslled through the struggle
process during the Apartheid era since it relied on and provided an avenue for mass
parcipaon by persons excluded from formal state parcipaon. The rst opportunity
for formal direct mass parcipaon by all the peoples of South Africa was vong in the
rst democrac elecons on 27thApril 1994 (Barnes 2006:1) since then, polical oce
bearers have been calling for public parcipaon in public aairs connuously since
a democrac government was introduced. The calls have been accompanied by the
promulgaon of legislaon which encourages public parcipaon in governance and
polics, indicang that public parcipaon has a role to play in democracy.
2.3 CONSTITUTIONAL AND LEGAL FRAMEWORK ON PUBLIC PARTICIPATION
(a) Constuon of Kenya 2010
The Constuon of Kenya 2010 lays the basis for the development of a policy framework
on public parcipaon. The envisaged public parcipaon policy will therefore have
to focus relavely more on what the constuon refers to asthe direct exercise
of the peoples sovereignty. Thisisthe kind ofparcipaon where people who are,
forwhateverreason, excluded from the normal social and polical, even economic,
life of the naon are far less likely to be able to parcipate acvely certainly at the
naonal and county level (Gill 2012).
Key provisions pertaining to this are:
Arcle 1 that vests sovereign power in the people of Kenya and is exercised at both the
naonal and county levels.
The importance of public parcipaon is aptly captured in Arcle 10 (2) (a) of the
constuon which states that the naonal values and principles of governance include
patriosm, naonal unity, sharing and devoluon of power, the rule of law, democracy
and parcipaon of the people.
The Government in Arcle 69 is obligated to encourage public parcipaon in the
management, protecon and conservaon of the environment.
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The constuon has gone further to provide for instances where the voice and
endorsement of the public is a compulsory requirement. In Arcles 91, 94, 118 and
119 cizens have a right to parcipate in a polical movement of their choice, while
parliament is required to give the public an avenue to parcipate in legislaon and
presenng peons to public authories.
The objects and principles of devolved government under Arcle 174 give powers of self
governance to the people and enhance their parcipaon in the exercise of the powers
of the state in making decisions that aect them while recognizing the powers of the
communies to manage their own aairs and to further their own development.
County Assemblies are required to conduct their business in an open manner and hold
its sings and those of its commiees in public and facilitate public parcipaon in the
legislave and other business of the assembly and its commiees (Arcle 169). The
involvement of cizens in policy making and implementaon is important to strengthen
and deepen democrac governance. It is through acve public parcipaon that
evidence based policy making and responsive service delivery can take place.
The naonal legislaon contemplated in Arcle 184 (1) to provide for the governance
and management of urban areas and cies and to in parcular provide for parcipaon
by residents in the governance of urban areas and cies.
Arcle 201: provides for principles of public nance management that includes
publicaon parcipaon in nance maers
Arcle 221 (5): the Budget and Appropriaons Commiee to seek public input when
reviewing budget esmates and the recommendaons shall be taken into account
when the commiee presents its report to the House
Arcle 232 (1) (d) & (f); Public Service values principles require involvement of thepeople in the process of policy making; transparency and provision to the public of
mely and accurate informaon
The Fourth Schedule under Part 2 (14) spulates that funcons and powers of the
County are to ensure and coordinate the parcipaon of communies and locaons
and locaons in governance at the local level. Counes are also to assist communies
to develop the administrave capacity for the eecve exercise of the funcons and
powers and parcipaon in governance at the local level.
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b) The County Government Act, 2012
The enactment of the County Government Act places an obligaon on the County
Governments to create an enabling environment for cizens involvement in running
the aairs of the Counes. Chapter VIII of the Act is devoted to cizen parcipaon
therefore giving a demonstrave emphasis of the importance of this right in the eyes
of the law.
Secon 87 provides for cizen parcipaon at the county level based on the following
principles:
Timely access to informaon, data, documents and informaon relevant to
policy formulaon and implementaon
Reasonable access to the process of formulang and implemenng policies,
laws and regulaonsProtecon and promoon of the interest and rights of minories,
marginalised groups and communies
Avenues for legal redress to interested or aected persons or
organisaons
Shared responsibilies and partnership between county governments and
non-state actors in decision making
Promoon of public private partnerships
Secon 88 provides that cizens have a right to peon the county government on
maers under the responsibility of the county government
Arcle 89: county government authories are under obligaon to respond expediously
to peons and challenges from cizens
Arcle 90: counes to conduct referendum on local issues
Arcle 91 of the Act goes further to demand parcular minimum Structures for
Parcipaon are set up by the county Governments. It provides the following structures
to be established and used to reach out to the public as an invitaon to engage:-
County hall meengs
Noce boards, vacancy announcements, job appointments
Tenders and procurement awards
Development project sites
Establishment of cizen forums at county and decentralised units
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c) The Urban Areas and Cies Act No. 13 of 2011
Secon 36 of the Act provides for the development of Integrated Development Plans
(IDPS). The Second Schedule to the Act provides the right of and parcipaon by
residents in the aairs of the city or urban areas through the following mediums:
Wrien or oral presentaonsi)
City or urban area is obligated to develop a system of governance thatii)
encourages parcipaon by residents in its aairs
The 2ndSchedule of the Act provides for the rights of and parcipaon by residents in
aairs of their city or urban areas.
d) Inter-Governmental Relaons Act 2012
Secon 29 Regulaons to provide for the framework for public parcipaon in the
transfer or delegaon of powers, funcons or competencies by either level
e) Public Finance Management Act 2012
S. 137 establishes the County Budget Economic Forum that shall have representaves
nominated by organisaons represenng professionals, business, labour issues, women,
Persons with disabilies, elderly, Faith Based groups at the county level
S. 128 (2) requires the County Execuve member for Finance to issue a circular seng
out guidelines to be followed in the budget process. The circular should provide details
on how cizens can parcipate in the county budget making process
Secon 207 necessitates the Cabinet Secretary in charge of Finance to dra regulaons
to provide for structures, mechanisms, processes and procedure for parcipaon
Emerging Policy Gaps
Provision for a recourse mechanism where acon against public bodies can be1.
taken if informaon is unduly withheld.
County governments should publish and widely disseminate any informaon2.
of public signicance in concordance with the relevant legislaon on Access to
Informaon.
Strengthen mechanisms of communicaon such as the sub-county desk oce3.
and explore alternave methods of disseminang informaon.
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The need to give sucient noce of meengs to enable communies4.
adequately prepare to aend and parcipate eecvely in consultaons.
Where guidelines for parcipaon exist, there is no commitment towards5.
implemenng them. There is need to sensize both communies and duty
bearers on the importance of cizen parcipaon.
There is need for a calendar of acvies to enable cizens engage eecvely6.
at various stages of the development cycle.
Nee7. d to designate funds to facilitate the process of cizen awareness creaon.
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VALUE OF PUBLIC PARTICIPATION3.0
3.1. Introducon
There are two broad dimensions of cizen parcipaon namely, indirect involvement
and direct involvement.
Indirect involvement acknowledges that elected ocials and professional administrators
should act on behalf of the cizens in a representave democracy. Under Arcle 1 (3) of
the Constuon, the Sovereign power of the people is delegated to state organs, which
includes the County assemblies and execuves.
Direct involvement suggests that cizens are the owners of the government and should
be involved in the decisions of the State (Yang and Callahan, 2005).
This policy proposal therefore focuses on direct parcipaon as earlier put. This
dimension is administrave centric. It simply means that it focuses on the role of the
public in the process of administrave decision-making or their involvement in decision-
making in relaon to service delivery. Since it occurs primarily at the administrave-
cizen interface, direct parcipaon therefore diers from polical parcipaon. The
laer includes but is not limited to vong in elecons, contacng elected ocials and
campaigning for polical candidates (Yang and Callahan, 2005).
The imperave for cizen parcipaon is also drawn from their statutory duty to pay
taxes for service delivery. This means that they are not only consumers of services but
essenal nanciers of government revenue.
As a starng-point to strengthen community-based/ cizen involvement in decision
making within the devolved units, counes should build on exisng non state actors
and sectoral district forums. The sectoral district forums will include such communies
of interest or focus groups such as business communies, Jua kali associaons, women
and youth welfare and self help groups etc.
County Governments should conduct community proling and needs assessments to
inform capacity building. This will include the analysis of technological capabilies ofthe communies, assessments of atudes, value systems and literacy levels. These
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interest groups could be called upon on round table meengs or fora which could be
used to bring together the County governments, civil society and other stakeholders
to deliberate on acons and programmes. The stakeholder discussions should include
opportunies for mul-sectoral groups to come together to make input on broader
policy.
This framework advocates for a partnership approach between cizens and government.
It collapses administrave silos to within the ward commiees and recognizes the
decisions made at the ward level.
3.2 Measurable Gains for a Public Parcipaon Policy
Increased level of informaon in communies.
Informed priories.
Eecve and ecient service delivery.
Developed capacies of the community and human capital.
Eecve Community Based Monitoring System (CBMS) as one tool that can
be modied and adopted by county governments to develop evidence based
strategic plans.
Equalizaon and redistribuon of wealth and development.
Community integraon and ownership.
3.3 Core Values of Public Parcipaon
In order to actualise the above potenal benets the following values which cut across
all areas of public parcipaon will provide a useful benchmark for legislaon.
Public parcipaon is based on the belief that those who are aected by a
decision have a right to be involved in the decision-making process.
Public parcipaon includes the promise that the publics contribuon willinuence the decision.
Public parcipaon promotes sustainable decisions by recognizing and
communicang the needs and interests of all parcipants, including decision
makers.
Public parcipaon seeks out and facilitates the involvement of those
potenally aected by or interested in a decision.
Public parcipaon seeks input from parcipants in designing how they
parcipate.
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Public parcipaon provides parcipants with the informaon they need to
parcipate in a meaningful way.
Public parcipaon communicates to parcipants how their input aected the
decision.
3.4 Public Parcipaon Principles in the Policy
This policy framework is guided by the following principles as advocated by Khanya
(2002):
Inclusivity- embracing all views and opinions in the process of community
parcipaon.
Diversity - In a community parcipaon process it is important to understand the
dierences associated with race, gender, religion, ethnicity, language, age, economic
status and sexual orientaon. These dierences should be allowed to emerge and
where appropriate, ways sought to develop a consensus. Planning processes must build
on this diversity.
Building community parcipaon Capacity-building is the acve empowerment of
role players so that they clearly and fully understand the objecve of public parcipaon
and may in turn take such acons or conduct themselves in ways that are calculated to
achieve or lead to the delivery of the objecves.
Transparency- promong openness, sincerity and honesty among all the role players
in a parcipaon process.
Flexibility - the ability to make room for change for the benet of the parcipatory
process. Flexibility is oen required in respect of ming and methodology. If built into the
parcipatory processes upfront, this principle allows for adequate public involvement,
realisc management of costs and beer ability to manage the quality of the output.
Accessibility at both mental and physical levels - collecvely aimed at ensuring
that parcipants in a public parcipaon process fully and clearly understand the
aim, objecves, issues and the methodologies of the process, and are empowered to
parcipate eecvely. Accessibility ensures not only that the role players can relate to
the process and the issues at hand, but also that they are, at the praccal level, able tomake their input into the process.
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Accountability - the assumpon by all the parcipants in a parcipatory process of
full responsibility for their individual acons and conduct as well as a willingness and
commitment to implement, abide by and communicate as necessary all measures and
decisions in the course of the process.
Trust, Commitment and Respect- Above all, trust is required in a public parcipatory
process. Invariably, however, trust is used to refer to faith and condence in the integrity,
sincerity, honesty and ability of the process and those facilitang the process. Going
about parcipaon in a rush without adequate resource allocaons will undoubtedly be
seen as a public relaons exercise likely to diminish the trust and respect of community
in whoever is conducng the process in the long term, to the detriment of any public
parcipaon processes.
Integraon that public parcipaon processes are integrated into mainstream policies
and services, such as the IDP process, service planning.
Table 1. Examples of the praccal applicaon of these principles
Principle Examples of applying these principles
Inclusivity Idenfying and recognizing exisng social networks, structures,organisaons, social clubs and instuons and use them as avehicle for communicaon
Diversity Ensure that dierent interest groups including women, thedisabled and youth groups are part of governance structures
Buildingcommunitycapacity
Solicit funding from external sources to train ward commieeson their role in developmentEmbarking on consumer educaon on all aspects of localgovernance including the funcons and responsibilies of themunicipality and dierent municipal structures
Transparency Engendering trust in the community by opening council meengsto the public and encouraging aendance
Flexibility Being exible in terms of me, language and approaches topublic meengs
Accessibility Conducng public meengs in the local language
Accountability Ensuring report backs to community forums or ward commieesat least on a quarterly basis
Trust,Commitmentand Respect
Ensuring that the purpose of the process is explained adequately,as well as how it will develop
Integraon Integrang ward planning with the IDP process
Including user commiees into mainstream services, eg SchoolGoverning Bodies
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POLICY FRAMEWORK4.0
SECTOR ANALYSIS AND EMERGING POLICY ISSUES4.1
Each county has its peculiar and specic challenges which may and shall be legislated
upon. As a general provision, a policy may emanate from a research nding or a
legislave requirement.
In the context of this policy framework, it has sought to give the county governments
a wide plaorm on which to exercise their individual opportunies in developing
intervenons to their own problems.
The Counes do not funcon in isolaon, in the contrary; their legislave mandate is
enshrined in Arcle 185 of the Constuon of Kenya 2010. Further, under Part 2 of the
Fourth schedule, the constuon has dened the funcons and powers of the County
Governments while other devolved funcons will or may be devolved to the counes
on a need basis.
It is therefore in the ideal of this tool to suggest areas where the counes may visit their
aenon to incorporate avenues of public and cizen parcipaon as follows:-
Legislave Funcons4.2
The basic law in this framework is the County Government Act of 2012. In parcular
the expectaons of the Act are to achieve a grossly consultave approach to public
development.
The constuon under Arcle 196 obligates County Assemblies to conduct business
in an open manner and hold its sings and those of its commiees in public and
facilitate public parcipaon and involvement in the legislave and other business of
the assembly and its commiees.
Among the measures the County Assemblies need to instute in order to enhance
closer contact with the electorate includes:
Conducng public educaon and provide informaon about the Assemblies
and its work
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Providing a plaorm for people to access and parcipate in the processes of
the Assemblies
Facilitang public input and feedback
Providing ground and logiscal support for Assembly programmes and
acvies
Co-ordinang and co-operang with other spheres of government
Publicising their willingness to receive submissions on legislaon and other
maers, and giving advice on how to do it
4.3 Service Delivery
Service delivery is the special vehicle in delivering the economic and social rights as
envisaged in Arcle 43 of the constuon. The importance of service delivery, especially
to poor and marginalized communies means that great care must be taken to consult
these communies whenever new iniaves around service delivery are under taken or
problem with service delivery arise.
In respect of new service agreements or development projects it is strongly
recommended that consultaon with the local communies aected occur through
a stakeholder commiee comprising the ward commiees of the aected areas, and
relevant stakeholder groups. Consultaons must address all phases of the service
delivery or development project, including local planning, monitoring and evaluaon.
4.4 Environment
The Constuon of Kenya makes specic menon of the need for parcipaon in the
context of protecon of the environment: where cizens are encouraged to parcipate
in the management, protecon and conservaon of the environment (Art. 69).This
reects an internaonal realisaon of the value of parcipaon in making environmental
protecon eecve something that is of value, properly viewed, from the perspecves
of both the people and the government. This Arcle has been incorporated by reference
into the right to a habitable environment provided for under Arcle 42 that entles
every person to a clean and healthy environment
4.5 Budgeng
The Constuon provides that
there shall be openness and accountability, including public parcipaon in
nancial maers (Art. 201)
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When the Senate is preparing its proposals on the allocaon of resources to
the counes it must invite the public, including professional bodies, to make
submissions to it on the maer (Art 217)
In discussing and reviewing the annual esmates from the Ministry of Finance,
the relevant commiee of the Naonal Assembly must seek representaons
from the public and the recommendaons shall be taken into account when the
commiee makes its recommendaons to the Naonal Assembly (Art. 221).
County Governments are obligated to establish County Budget Economic Forums
(Secon 137 PFM Act) whose purpose is to provide means for consultaon by the
county government on:
Preparaon of county plans, county scal strategy paper and the budgeti)
review and outlook paper for the county
Maers relang to budgeng, the economy and nancial management atii)
the county level
Secon 9 of the Dra Public Finance (Administraon and Management) Regulaons,
Government enes shall provide nancial informaon to the public which is accessible
to the cizens by
Establishing a focal point to facilitate access to nancial informaon;a)
Making informaon available in the media;b)
Presenng informaon in naonal languages and summarised forms; andc)
Regular update of relevant websitesd)
While the PFMA secon 107 demands that county governments restrain themselves
from deviang from their scal responsibilies. It connues to set out principles
which demand a thirty percent of the revenue to be dedicated to development
expenditure.
4.6 Formulaon of Integrated Development Plans
Minories and Marginalised
Following the principles espoused in the constuon, development planning in Kenya
should be based on integrated naonal values, equity, resource mobilisaon and
concerns of the minories and marginalised groups.
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The interests of these special categories of the community have been properly canvassed
in the bill of rights.
Arcle 47 of the constuon oers an avenue where individuals have a right to
demand quality, sucient and mely administrave services from public oces.
Arcle 220 (2) (a) of the Constuon states that:
Naonal legislaon shall prescribe the structure of development plans and budgets.
The constuon also requires an integrated development planning framework to
enhance linkage between policy, planning and budgeng.
Integrated development planning will govern the preparaon of annual county budgets
and no public funds will be appropriated without a planning framework as spulated in
Part XI of the County Government Act.
This planning at the county level shall be guided by the relevant legislaon taking into
consideraon of the principles of public parcipaon as provided for in Secon 87 of
the County Government Act.
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POLICY PROPOSALS AND5.0.
IMPLEMENTATION FRAMEWORK
The County Governments in consultaon with relevant sectors shall set out a framework
for the implementaon of this policy. The envisaged framework will provide for the
creaon of the Public Parcipaon Department in each County and the policy principles
to guide its operaons.
Policy Issue #1. Cizen Awareness & Access to Informaon5.1.
Access to informaon is a constuonal right. The success of devoluon is highly
pegged on this right of the cizens to informaon. The cizenry are required to be
polically conscious and have access to informaon. They must not only be aware of
their rights and responsibilies but also know the channels via which they can exercise
them (Omolo, 2010).
The right to access informaon held by the government is a fundamental human right
well recognized in Internaonal Law. Kenya has domescated a number of convenons
on freedom of informaon and this has been well captured in Arcle 35 (1) of the
Constuon which states that every cizen has the right to access informaon held
by the State. Further, Arcle 35(3) states that the State shall publish and publicize any
important informaon aecng the naon.
Further, secons 87 to 97 of the County Government Act envisage access to informaon
as a public right. The Act under secon 87 provides in strict demand that:
Timely access to informaon, reasonable access process of policy making, protecon
and promoon of interests and rights of minories, legal standing, balance in role and
obligaons of county government and NSAs, Public Private Partnerships, reciprocal
role of NSAs and County Government.
Policy objecve: Access to informaon is crucial as a right in its own regard and is also
central to the funconing of democracy and enforcement of other rights. Without it
the principles of devoluon as enshrined in Arcle 174 of the constuon will not be
realised. To guard against this, it is imperave that a legislaon that requires counesto adopt principles of maximum openness is put in place.
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Policy principle #1: Access to Informaon is a constuonal guarantee.
Policy Principle #2: it shall be an integral part of the county administraon and other
duty bearers to make available informaon to the public either on need basis or as a
right whenever requested.
Acon Points:
Promote sharing of informaon through use of accessible channels of1.
communicaon. These should include county websites, transparency noce
boards, SMS, local newsleers, local or community radio, TV, barazas and any
other media.
Provide mely informaon and sucient noce of not less than one (1) month2.
for forthcoming planning meengs.
Provide informaon in formats accessible to a wide group of people including3.
persons with disabilies and translate to local language where necessary.
Promote awareness by designang a percentage of the county budget towards4.
funding community civic and educaon programmes.
Provide for free media me from all media channels and papers to support the5.
naonal cause.
Provide for strict me limits for processing of requests for informaon and6.
refusals to be accompanied by substanve wrien reasons.
A list of reasons for non-disclosure should be provided for in legislaon and in7.
concordance with the Access to Informaon legislaon and made public.
Costs of accessing informaon should be reasonable as not to deter potenal8.
informaon seekers. This should be specied and standardized across all
counes.
Prescribe penales for failure to disclose informaon within spulated me9.
and in contravenon of the legimate reasons for non-disclosure. Relevant
oce may pay a ne as determined by court of law.
Policy Issue #2: Capacity Building5.2.
Capacity building consists of developing knowledge, skills and operaonal capacity
so that individuals and groups may achieve their purposes (Okello et al, 2008). For
cizens to engage eecvely, they need the necessary knowledge and skills on how to
execute the responsibilies
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Policy objecve: To promote community involvement in policy formulaon,
implementaon and in all stages of project cycle management to achieve sustainability
of development iniaves and enhance poverty reducon.
Policy principle 1: Capacity building shall be an ongoing process built into the community
parcipatory framework or instuons at county and ward levels.
Policy principle 2: Training shall be sensive to and target or capture concerns and
needs of dierent social categories of the community.
Acon Points:
County governments community proling and needs assessments survey1.
to inform capacity building. This will include the analysis of technological
capabilies of the communies, and an assessment of atudes, value systems
and literacy levels. It may also capture other social and economic indicators
that may be useful in tailoring the training curricular and modes of delivery.
The overall goal would be to empower stakeholders to formulate proposals and
plans, implement projects and ensure their sustainable management.
Community proling and training needs assessment may be done through2.
Focus Group Discussions and formal meengs with local leaders, CSOs and
CBOs. Idencaon of resource persons who may be trained as trainers may
be useful to achieve this.
Organize community training on various and priorized or localized subjects and3.
themes or agendas that will enhance their parcipaon. Any other necessary
skill may also be idened through the needs assessment.
Periodic or bi-annual connuous and refresher training courses for duty bearers4.
on parcipatory methodologies. The training shall facilitate atudinal and
behaviour change within government organizaons and departments.
Capacity building can be done through a staggered process to ensure that it is5.
eecvely and eciently devolved to the ward levels. Key resource persons in
the Ward Cizens Forum should be included in capacity building programmes.
Encourage training and documentaon in local language and the use of creave6.
media such as drama, art and music.
Make adequate budgetary provisions and work plans for the training7.
seminars.
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Policy Issue #3: Planning and Implementaon5.3.
Communies are insuciently prepared to parcipate in planning meengs. The voice
of cizens in various planning forums would be more eecve if the cizens were
organized in groups to present their priories collecvely. Poor planning parcularly
within the CDF structures have oen contributed to the high incompleon rates of
projects especially where technical experse is not applied.
Another challenge facing community parcipaon in implementaon processes is the
failure or apathy of the middle class and local elite to engage in development processes.
The middle class rarely aend chiefs barazas or CDF commiees, and there is need to
sensize and animate them to their social responsibility.
Cizen parcipaon in planning5.3.1.
Policy objecve: Establish a parcipatory framework to maximize the ability of cizens
to inuence development outcomes at all stages of the development cycle.
Policy principle: Planning shall be informed by county development stascal data
and previous evaluaon outcomes and naonal development goals.
Acon Points:
During the planning, communies should have a vision for their county. The1.
community vision should be founded on desirable and achievable social-
economic wellbeing, social jusce and equity, sustainability and gender equity.
Need for2. Strategic Acon Plans (CSAP-County Strategic Acon Plans) that
idenfy both long-term and short-term objecves. The CSAP should be
developed from stascal and factual data and in line with the naonal strategic
plans like the vision 2030.
Technical personnel from relevant government ministries such as nance,3.
water, roads and public works need to be incorporated in the planning stages.
Their role should primarily be to provide guidance on the idened needs and
the requisite nancial and technical resources.
Planning for development priories needs to be devolved to lower levels (wards4.
and villages) to ensure representaon. There should be linkages between the
wards and counes to ensure synergy of plans.
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Cizen parcipaon in implementaon.5.3.2.
Policy objecve: Establish a parcipatory framework to maximize the ability of cizens
to inuence development outcomes at all stages of the development cycle.
Policy Principle: implementaon of county planned projects and acvies shall have
due regard of the CSPA and involve representaves of the cizens at each stage.
Acon plan.
County governments shall delegate implementaon powers and responsibilies1.
to sub-county and ward levels.
The County shall assign an ocer at the ward level known as the Community2.
Development Ocer. This shall be the ocer responsible for ward level
planning, implementaon and monitoring.
The Counes shall provide for the establishment of Cizen Forums at Sub-3.
County and ward level, with clear mandate and power to form commiees for
specic funcons. Sub-commiees shall address the allocaon of funds, audit,
and procurement among others.
The sub-county ward and village level commiees shall be formed based on4.
agreed formula to ensure operaonal eecveness on service delivery.
The delegated commiees should have clear roles, responsibilies and powers5.
to ensure their eecve performance and delivery.
Policy Issue #4. Cizen Parcipaon in Monitoring and Evaluaon5.4.
The accountability component of cizen parcipaon is the weakest in management
of the development cycle of current decentralized structures in the country. It has
been dicult to hold anyone accountable for misuse of funds which lack legal backing
(KHRC and SPAN, 2010). The average Kenyan has in the past not been able to queson
procedures and processes at the local level. The lack of accountability mechanisms has
contributed to corrupon and the polics of patronage. The two are perhaps amongst
the greatest risks to devoluon at the county level.
There should thus be eecve legislaon that compels duty bearers to account to
the cizenry. The execuve also needs to be more proacve in sharing informaon.
However strengthening channels of communicaon alone is not enough. There is need
to put in place mechanisms for engaging communies in doing audits of projects.
Policy objecve: Establish a parcipatory framework to maximize the ability of cizensto inuence development outcomes at all stages of the development cycle.
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Policy Principle 1: Cizens will have the right to obtain juscaon and explanaons
for the use of public resources from those entrusted with the responsibility for their
management.
Policy principle 2: Public oce-holders have a duty to provide juscaon regarding
their performance and take correcve acon in instances where public resources have
not been used eecvely.
Acon Plan
Develop a cizen framework and mechanism for exerng accountability at the1.
local levels through cizen oversight commiees or surveillance commiees.
These commiees may be formed under the Sub-County Cizens forum Ward
Cizens forums and village Forums to compel performance.
Enable cizens to engage in the assessment and reecon of the achievement2.
of the strategic goals as idened in the county Strategic Acon Plan. This will
be coordinated through the Sub-County Cizens Forum and the Ward Cizens
Forum.
The Sub-County Cizens forum will provide for the establishment of cizen3.
oversight or surveillance mechanisms to oversee monitoring and evaluaon on
behalf of the county.
The Ward Cizen Forums shall establish4. cizen monitoring commiees to
oversee all ongoing projects in the ward. The commiees shall generate
quarterly or bi-annual cizen monitoring reports to be tabled at the Ward
Cizen Forum.
Need for ocial recognion of social accountability mechanisms such as social5.
audits, community score cards and cizen report cards and public expenditure
tracking surveys.
Cizen oversight mechanisms should be given statutory powers to enforce6.
accountability from duty bearers.
The Sub-County and Ward Cizen forums and commiees shall have the right7.
to access all informaon held by the county execuve.
County and Sub-County Integrated Monitoring systems (CIMES) will be8.
established under the auspices of NIMES to undertake monitoring. CIMES shall
involve cizen oversight forums in its monitoring processes and reporng.
The county monitoring system will make use of Social audits, Cizen Report9.
Cards and Score Cards in evaluang performance at county level.
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Provide for capacity building of cizens oversight commiees to engage in monitoring
and evaluaon.
Policy Issue #5: Feedback and Reporng5.5.
Cizens require informaon on ongoing basis, so it should always be available at a place
where they can easily access it on a regular basis.
Policy Objecve: Create a culture of accountability both amongst the duty bearers and
those demanding accountability.
Acon Points:
County governments should submit periodic reports to the cizens through1.
the Cizen Forum Commiees. The reports shall be submied in accessible
formats and language.
Need to have clear me frame for county governments to report to cizens on2.
performance.
Need to adopt standard reporng criteria based on county strategic plans and3.
naonal development plans.
Status reports should be comprehensive.4.
Need to build capacity of county personnel on reporng based on measurable5.
indicators that would fall under development outcomes and service delivery.
Need to establish ocial linkages or mechanisms for reporng to the Cizens6.
Forums.
Policy Issue #6: Financing Cizen Parcipaon.5.6.
There is need to sustain cizen parcipaon through adequate nancing
and resource allocaon. The county government therefore shall mobilize
resources and capture an annual work plan that will be an item of nancing
in the county budget.
Policy objecve: To guarantee a sustainable parcipatory program in the
county.
Policy principle: Ensure sustainability of cizen parcipaon
Acon plan:
The county will designate a percentage of its annual allocaon and revenue1.
as a fund for nancing public parcipaon. We recommend a 15% of the
revenue channeled through the central framework of the county planning
and implementaon process.
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Harmonizaon of devolved funds at County level with requisite checks and2.
balances put in place.
Designate a poron of the 15% of funds allocated to counes towards3.
support for cizen parcipaon, report generaon, awareness creaon
and capacity building.
The government should set aside a xed amount from the annual budget to4.
support the naonal service award scheme. This will promote volunteerism
by cizens in county forums and events.
Establish a joint funding mechanism between government, development5.
partners and the private sector to ensure the connuity of cizen
engagement at the local level.
The corporate sector should be encouraged to contribute through promise6.
of tax rebates, recognion and other presgious acknowledgements.
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STRATEGIES FOR PARTICIPATION6.0.
Strategy One: Communicaon6.1.
At the most basic level, public parcipaon is about communicaon between county
ocials/public ocers on one hand and the community on the other. Communicaon
in turn is about the passing of informaon between the governor and the governed. This
is crucial to ensure that those who are outside the formal decision-making structures of
devolved units are able to make any kind of contribuon to local governance. It is for this
reason that the enabling legislaon requires county ocials to inform the community.
Informed by the necessity of reciprocal informaon transmission, this idenes several
tools to enhance the exchange of informaon between the county execuve and county
assemblies on one side and the community members on the other.
A proper communicaon channel enhances the quality of public parcipaon. For this
to be eecve, the following guidelines should be used employed in realising the public
parcipaon principles:
Promote sharing of informaon through use of accessible channels ofi.
communicaon. These should include county websites, transparency boards,SMS, local newsleers, local or community radio, TV, barazas and any other
media.
Provide mely informaon and sucient noce of not less than 1 month forii.
forthcoming planning meengs.
Provide informaon in formats accessible to a wide group of people includingiii.
persons with disabilies and translate to local language where necessary.
Provide for strict me limits for processing of requests for informaon andiv.
refusals to be accompanied by substanve wrien reasons.
A list of reasons for non-disclosure should be provided for in legislaon and inv.
concordance with the Freedom of Informaon legislaon and made public.
Costs of accessing informaon should be reasonable as not to deter potenalvi.
informaon seekers. This should be specied and standardized across all
counes.
Prescribe penales for failure to disclose informaon within spulated mevii.
and in contravenon of the legimate reasons for non-disclosure. Relevantoce may pay a ne as determined by court of law.
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The Tools for Communicaon Include:6.0.1
Publicising public parcipaon principlesi.
Development of a cizens parcipaon charterii.
Community complaints management systemiii.
Publicising Public Parcipaon Principlesi)
Building a culture of parcipatory governance at the county requires developing a new,
inclusive and construcve atude towards local governance. This requires an open
atude on the part of the county administraon acknowledging the responsibilies
of construcve engagement in the interests of all cizens where county ocials/
public ocers understand that democrac local governance is a partnership with
the community and local communies need to understand that governance is oen
constrained and must address the needs of all fairly.
One way of facilitang this is to educate people in the principles of public parcipaon
and the starng point is for county governments to publicise the public parcipaon
principles idened in 3.4 (above). Iniaves to be taken to educate the people in
the values of public parcipaon over and above publicising the public parcipaon
principles.
Cizen Parcipaon Charterii)
The objecve of a cizen parcipaon charter is to outline the rights and dues of
cizens as regard parcipang in county governance. The charter should contain
basic informaon including:
Basic informaon about the county
What community parcipaon is
How community parcipaon works including
Key issues the community must be informed about-
Key issues the community must be consulted about-
Key issues the community must be involved in-
Informaon on how to make general queries and complaints
The public parcipaon year planner
Copies of the charter should be made accessible at ward, sub-county and county levels
as well as at the county website.
The nature of the charter means that it will have to be updated on an annual basis.
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Community Complaints Management Systemiii)
This refers to the establishment of an instuonal home and set of procedures to deal
with community complaints at each level.
The instuonalised system must contain basic requirements namely:
The thorough publicising of contact details, especially a telephone number for
the public to lodge complaints, on the website, in all county oces and key
documents like the cizens parcipaon charter
A place or places in the county where the public can report complaints in
person, and orally if preferred, in their language
The development of standing rules of order that deal in detail with managing
community complaints
These must include clear protocols around who responds to what kind of complaint,
the me frame for this response, the development of techniques to allow the public
to track their complaints, and a basic threshold of informaon that must be given in
response to each kind of complaint.
Cizen Sasfacon Surveys
It is strongly recommended that counes employ the use of sasfacon surveys,
preferable professionally and independently conducted, to assess county performance
in areas such as service provision, and the responsiveness of ocials and sta to the
public.
Strategy Two: Ward Commiees
The constuon places great emphasis on separaon of powers at the naonal and
county level. Arcle 175 (a) requires that county governments shall be based on
democrac principles and the separaon of powers.
The county cizen engagement framework should seek to provide an engagement
plaorm that safeguard against elite capture of cizen forum commiees.
Regulatory tools ought to be put in place to aid cizen engagement and accountability
at ward, sub-county and county levels.
The cizen forum commiees should be representave in nature and inclusive of all
stakeholders comprising women, youth, marginalised and minority groups, private
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sector, faith based organisaons and community based associaons having the best
interests of the communies they represent.
In constung the community forum commiees, the veng should take into
consideraon the integrity and leadership standing of the members.
The Forums will be located at:
County
Sub-County
Urban areas
Ward
Village
Strategy Three: Stakeholder Forums
It is vital for county governments to incorporate local stakeholders into their public
parcipaon pracce. In this respect, it is important that all locally recognised
community organisaons be required to register with the county government and that
they are consulted on how to interact with the county administraon on issues which
concern them or on which they wish to provide input to.
The county department in charge of public parcipaon to establish a stakeholder
register which includes the following informaon:
The name of the stakeholder group
The sector they represent and their perceived role
Their constuon
The nature and extent of their membership
Their target constuency, including which wards they work in
Their oce-bearers and contact details
Their oce details
Eecve public parcipaon requires including as many structures and organisaons
that represent the community as possible, hence the importance of stakeholder forums
for parcipatory governance.
To enhance the capacity of cizen forums, their mandate and powers should be protected
in statute, with operaonal procedures detailed in implementaon guidelines.
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Strategy Four: Village Forums
At the lowest level of engagement, the County Government Act of 2012 proposes the
establishment of the Village commiees. It should be noted that the Act does not
demand of any county to work within the previously registered provincial structures.
It has however given the County Government a clean sheet on creang village
administrave jurisdicons. Such proposals shall be legislated upon at the county
assembly as guided by the County Government Act secon 48 (1)(d).
It is the suggested framework in this tool that the County development plans incorporate
public monitoring and evaluaon as well as project management commiees which will
be elected by the villagers at the village level.
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Proposed parcipaon, monitoring and feedback framework
Figure: 1
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CRECO MEMBERS
No. Organization Email Address Telephone
1Centre for Human Rights & Civic Education
- CHRCE
Ms. Angela Musyoka
[email protected]:0734-15347/0724-
663685
2
Centre for Law & Research International
CLARION
Mr. Morris Odhiambo
[email protected] 0722-610567
3Community Based Development Services
COBADES
Mr. Peter Gitonga
[email protected] 0733 748214
4Citizens Coalition for Constitutional Culture
4Cs
Ms. Grace Wairimu
[email protected] 3874962
6Centre for Democracy & Good Governance
CEDGG
Mr. Cornelius Oduor
[email protected] 051 2210845/0723-839896
7 IlimuSheria (ILISHE) Trust [email protected] 041 - 2491172
8Institute for Civic Education & Development in
Africa ICEDA
Mr. Kenneth Anusu
[email protected] 0733-940969/0721-912401
9 Kenya Human Rights Commission KHRCMs. AtsangoChesoni
[email protected] 020 3874998/3876065
10
Mobilization Agency for Paralegal
Communities in Africa MAPACA
Ms. Joyce Mulu
[email protected] 0735 116164
11Mazingira Institute Mr. Davinder Lamba
[email protected]/[email protected] 020 4443226/4443219
12 Muungano Maendeleo Organization
Mr. David Oketch
[email protected] - 684258
13
Pastoralists Community Development
Organization PACODEO
Mr. Stephen A. Gorai
[email protected] 069-2102114/0710-140590
14Rights Protection and Promotion Centre
RPP
Ms. ShalmatKassim
[email protected] 020 - 2692071
15 SEMA TrustMr. Christopher Kileta
[email protected] - 763425
16St. Judes Counseling Centre (JCC) Ms. Lena Omondi
[email protected] 760235/0714-599291
17 United Disabled Persons of Kenya (UDPK)Mr. Saitoti Njenga
[email protected] 020 4446065/4443830
18The Youth Agenda
Ms. Susan Mwongera
020 3559212/2022026
19Rural Community Development Agency
RCDA
Ms. Asenath Ny