DEVOLUTION & PUBLIC PARTICIPATION

1. DEVOLUTION & PUBLIC PARTICIPATION

2. Objects of Devolution – Article 174: (a) to promote democratic and accountable exercise of power; (b) to foster national unity by recognizing diversity; • to give powers of self-governance to the people and enhance the participation of the people in the exercise of the powers of the State and in making decisions affecting them; (d) to recognize the right of communities to manage their own affairs and to further their own development; (e) to protect and promote the interests and rights of minorities and marginalized communities; • to promote social and economic development and the provision of proximate, easily accessible services throughout Kenya; (g) to ensure equitable sharing of national and local resources throughout Kenya; (h) to facilitate the decentralization of State organs, their functions and services, from the capital of Kenya; and (i) to enhance checks and balances and the separation of powers. Constitutional PROVISION FOR pp

3. Article 1.- all sovereign power belongs to the people of Kenya and shall be exercised as per the constitution. - Its exercised directly or through democratically elected rep. -It is exercised at national and county level -Delegated to state organs- 3 arm of national government and 2 arm of CG • Article 10 – Democracy and Participation of the people as a national value • Article 201 – Public participation as a principle of public finance • Article 196: County governments and county assemblies to observe public participation in all their affairs • Article 232- PP as one of the values and principles of public service. • Article 35- right to information Constitutional Provisions on Public Participation

4. Timely access to information • Reasonable access to process of policy making • protection and promotion of interest and rights of minorities, marginalized groups and communities and their access to information • legal standing • Promotion of Public Private Partnership e.g. joint committee, technical team and citizen commissions • Recognition and promotion of reciprocal role of non-state actors participation and governmental facilitation and oversight. Principles of PP (CGA- 87)

5. information communication technology based platforms;  town hall meetings;  budget preparation and validation fora- e.g. County budget and economic forum;  notice boards: announcing jobs, appointments, procurement, awards and other important announcements of public interest;  development project sites; Modalities and platform for PP-CGA 91

6. Citizen petition and duty to respond by CG agencies (CGA 89)  Local referenda (CGA 90) establishment of citizen fora at county and decentralized units. Section CGA 92(b) Governor to submit annual report on PP to the county assembly 92(c)Regulations to be made to give full effect ( CGA 135) Modalities and platform for PP

7. Legislation for PP: model law developed by KLRC= some counties have bills in CA. • A few counties have institutionalised PP in the public communication office, adhoc citizen fora, town hall meetings organized to discuss budget, policies, legislations. • Very few have formed county budget and economic forum. • Technology based platform in all the counties- website, social media • PP as compliance with laws. • PP – tokenism- advert in papers for people to give views in one day. Status of PP in the cG

8. Lack of national framework on PP to guide the counties The national executive have not developed regulations to operationalise various devolution laws- few drafts in place. PP not budgeted for. PP seen as expensive venture. Challenge PP

9. Advocate for development of framework for PP at national and county level. Capacity strengthening of County Governments-establishment of citizen fora, stakeholder analysis , civic education.. Holding various actors accountable-.petition… Monitoring of devolution process. Participate in devolution processes Exercise your rights- to information, services… Role of CSO

10. Thank you