Public Participation and Civic Duty

Public participation is one of the key principles in the Constitution of Kenya 2010. It means that citizens must be involved in the process of making laws, allocating public funds, and implementing development projects. Courts in Kenya have frequently emphasized that participation is not a formality, but a duty.

How to challenge unconstitutional laws or actions in court

Every Kenyan has the right to take their case to court when a law or government action is found to be in violation of the Constitution. Article 22 of the Constitution gives any person the right to file a petition in the High Court for the enforcement of fundamental rights and freedoms. A clear example is the case of Robert Gakuru and Others v Governor Kiambu County and 3 others [2014] eKLR, where Justice Odunga, sitting in Nairobi, held that county laws must meet the test of public participation. The Court declared that the Kiambu Finance Act was unconstitutional because the county government had failed to consult the public properly before passing it. This shows that courts can strike down a law if the people were not involved as required by the Constitution.

The role of public hearings in budget-making and development projects

The Constitution and the Public Finance Management Act require both national and county governments to hold public hearings when preparing budgets. This allows citizens to raise questions on how money should be allocated and on which projects. The courts have insisted that this is not a token exercise. In Nairobi Metropolitan PSV Saccos Union Ltd and 25 others v County of Nairobi Government and 3 others [2013] eKLR, Justice Lenaola stated that consultation must be genuine and should give the people a real chance to influence decisions.

How to petition Parliament or county governments

The right to petition is protected by Article 119 of the Constitution. It allows any citizen to write to Parliament on any matter within its authority, including asking for new laws or the repeal of existing ones. Counties also have similar provisions under county laws and standing orders. For example, in 2016, a group of citizens petitioned the National Assembly to amend provisions of the Election Laws. While not all petitions succeed, they remain an important channel for citizens to engage with their representatives directly.

The role of civil society and NGOs in democracy

Civil society and non-governmental organizations have played a crucial role in promoting democracy and enhancing public participation in Kenya. They mobilize citizens, educate the public, and sometimes file court cases on behalf of communities. In Trusted Society of Human Rights Alliance v Attorney General and 2 others [2012] eKLR, the High Court in Nairobi accepted a petition filed by a civil society group challenging the appointment of members to a state office. Justice Mumbi Ngugi held that public bodies must follow the Constitution when making appointments. This case demonstrated how NGOs can hold the government accountable and ensure that constitutional values are upheld.

Conclusion

Public participation is not optional. It is a constitutional duty that ensures citizens are part of the decision-making process. Courts have confirmed that laws and actions without proper consultation can be declared invalid. Citizens can challenge unconstitutional actions through petitions in court, by attending public hearings, and by writing petitions to Parliament or county assemblies. Civil society also plays a strong role by keeping the government accountable.

NOTE: This article is meant to inform the public.

Sources

The Constitution of Kenya 2010, especially Articles 10, 22, and 119, which deal with public participation, the right to enforce rights in court, and the right to petition Parliament.

The Public Finance Management Act 2012, which requires national and county governments to hold public hearings when preparing budgets.

The High Court of Kenya at Nairobi decision in Robert N. Gakuru and Others v Governor Kiambu County and 3 Others (2014). Justice Odunga declared the Kiambu County Finance Act unconstitutional because there had been no proper public participation.

The High Court of Kenya at Nairobi decision in Nairobi Metropolitan PSV Saccos Union Ltd and 25 Others v County of Nairobi Government and 3 Others (2013). Justice Lenaola stated that consultation with the public must be real and not just a formality.

The High Court of Kenya at Nairobi decision in Trusted Society of Human Rights Alliance v Attorney General and 2 Others (2012). Justice Mumbi Ngugi ruled that appointments to state offices must comply with the Constitution, following a petition raised by a civil society group.