Implementing the Right to Public Participation in the Legislative Process in Kenya

Abstract

This thesis assesses the frameworks on implementation of the right to public participation in the legislative process in Kenya. Primarily, the thesis addresses the “how” of implementing the right to public participation which distinguishes it from other literature that generally focus on the “why” and “what” on public participation. The study evaluates and assessed the efficacy of the existing and proposed legal frameworks on public participation in legislative processes in Kenya. It also discusses the challenges of implementing public participation. “This arises from a background of the lack of active and effective citizen involvement in legislative processes. This then raises the question of legitimacy of the laws and regulations passed by Parliament and County Assemblies. Further, the study evaluated the nexus between public participation in legislative processes and good governance in a modern democracy like Kenya. This study adopted various qualitative research methodologies including desktop research, and literature review of, books, journal articles, book chapters, journals. The gist of the study was the review of the legislation and bills related to public participation in Kenya. The research questions and research objectives were based on the review of these sources. This study came up with various findings and recommendations on how to enhance public participation in legislative processes in Kenya. Among the key findings was that historically, public participation in the Kenya’s legislative process has been abstract due to the lack of comprehensive legislation to guide and give effect to the implementation of public participation in legislative processes. Therefore, this study recommends the enactment of a legal framework in the form of a Public Participation Act and a comprehensive review of the existing feedback mechanisms to promote the realization of public participation in legislative processes. The study also notes that public participation is key in promoting good governance, constitutionalism, rule of law, human rights and inclusivity in legislative processes in Kenya and Africa. In conclusion, this study pushes for a practical and substantive realization of the right to public participation through effective implementation, as opposed to the theoretical approach taken in the various existing literature.