More need to be done on public participation

"Having considered the foregoing, the inescapable conclusion I come to is that there was no public participation as contemplated under the Constitution and the County Government Act 2012,” ruled Justice George Odunga on April 17, 2014. “Accordingly, I hereby declare that the Kiambu Finance Act, 2013 gazetted vide Kiambu County Gazette Supplement No. 8 (Act No. 3) violates the Constitution and that the same is null and void.”

The judgment was with respect to a petition instituted by citizens regarding the annual budget by Kiambu County.

The landmark ruling sent the message that it was unacceptable to undertake public participation flippantly and in a cosmetic manner in order to tick the box. The court gave weight to the national values and principles on public participation and transparency.

DIALOGUE

Five years on, counties are translating the provisions of the Constitution and supportive legal frameworks, albeit amid teething problems. But there is considerable progress in public participation in policy and legislation making, development planning and budgeting, service delivery and monitoring of public expenditure.

Counties have facilitated continuous dialogue with constituents through platforms with wide reach such as websites, vernacular radio stations, public barazas and using brochures and notices posted at markets, churches, mosques and other spaces.

INCLUSIVITY

Others have innovated and leveraged on mobile technology, using bulk short message service (SMSs) and Youth Forums conducted via the messaging app WhatsApp.

The notion that public participation can only be done through meetings has been dismantled. For inclusivity, counties are utilising decentralised units below the ward — villages.

Progressive increase

An estimated 3,000 public forums have been held every budgeting cycle in the counties, resulting in a progressive increase in projects and the monetary allocations to the process since the first financial year of devolution, 2013/14.

OBSTACLE

And not only do citizens participate; they expect feedback on what was considered or not and why. Some counties have feedback public forums or a ‘public convener’ who receives public reports and complaints and gives a response.

But despite all this, publishing and publicising budget documents in a timely and simple way still is a fundamental obstacle to public participation.

Budgeting is demanding and requires a great deal of strategy and effort. All the 47 counties need not only ensure they have in place the right structures but also the timelines coincide with those spelt out in the Public Finance Management Act 2012.

FATIGUE

Efforts are also under way to encourage collaborative public participation between county executives and assemblies to make the process cost-effective and avoid public fatigue.

National and county government entities should designate an office to facilitate citizen participation in the development of policies and plans, service delivery and oversight. They should also involve civil society in the coordination of public participation.

Ms Mogeni is the CEO, Council of Governors. [email protected]