Public Participation in Approving Cabinet Secretaries Nominees in Kenya

Abstract

This project paper investigates the place of public participation in the approval of Cabinet Secretary (CS) nominees in Kenya. It argues that, although Articles 10 and 118(b) of the Constitution of Kenya require public participation in the approval of CS nominees, the National Assembly has failed to undertake meaningful public participation. The project paper defines meaningful participation in the context of deliberative democracy theory which emphasizes on deliberation in the process leading to a decision. In the absence of citizen deliberation, then participation ceases to be meaningful. The project paper finds that since the Constitution of Kenya 2010 introduced public participation and parliamentary approval of nominees, there has been low public involvement in the process. The legal framework is also inadequate. The Public Appointments (Parliamentary Approvals) Act , 2011 prevents robust participation as it limits the mode of public participation to submission of affidavits only. Strict compliance with this modality limits participation by the illiterate, the poor and persons with disabilities. Low participation is also compounded by the lack of information and feedback. Scholarly literature reveals that public participation is crucial in the attainment of democratic governance and sustainable development. Until now scholars have paid little or no attention to the subject of public participation in the approval of CS nominees in Kenya. This project paper therefore contributes to the body of knowledge as it attempts to narrow this knowledge gap by exploring public participation in the context of approval of CS nominees in Kenya. It recommends the use of citizen deliberation to enhance meaningful participation in the approval of CS nominees. The project paper utilized a mixed methods approach that entailed the use of doctrinal, and case study methods to explore the subject of this research.