This document discusses public participation in county governance in Kenya. It provides definitions and principles of public participation, outlines the benefits, key officers responsible for facilitating participation, and how citizens can prepare. It discusses the constitutional and legal framework for participation, the roles of the county assembly and its committees, and the continuum of participation levels from informing to empowering citizens. The overall aim is to strengthen understanding and implementation of public participation at the county level.

1. CATHOLIC JUSTICE AND PEACE
COMMISSION (CJPC)

2. 1. Climate setting/Objective
Pair-wise introduction
 Your Name, Your likes, and Dislike, Most memorable
event in your life
 Levelling expectation-What do you intend to gain from
this training?
 Setting workshop rules (Norms for our time together)
 Sharing responsibility

3. Outcome
 Caritas Marsabit brief
 Objective of the training

4. No Statement Strongly
Agree
Agre
e
Not
Sure
Disagree Strongly
Disagree
5 4 3 2 1
1 Every time leaders in my ward want to initiate a
project, they seek the views of my local community
2 Citizens in my area respond to calls from the
government (both national and county) to present
their views on issues of public interest
3 Leaders of my area consider the views of my
community in making development and
administration decisions
4 I have been involved in drafting and presenting a
petition to my county assembly
5 I am aware of the plans of county government on
development issues in my areas for next one year
6 I am aware of government allocation to the project
in my area in coming/current financial year
7 Public participation can helps solved social problem
facing my area
8 My local leadership respects citizen’s right to public
participation
9 The people in my community understand their right
to public participation under the constitution and
law of the Kenya
10 I have been involved in the activities of committee
of my county Assembly

5. Exercise: Gauge the extent of public participation

6. UNDERSTANDING PUBLIC PARTICIPATION
What is public participation?
According to the international Association for public
participation (IAP2) public participation is any process that
involves the public in problem solving or decision making
and uses public input to make decision.
Public participation includes all aspect identifying problems
and opportunities, developing alternatives and making
decisions.
In public affair, public participation involves an open,
accountable process through which individuals and groups
within selected communities exchange views and influence
decision-making

7. The government agencies engage people in thinking,
deciding, planning and playing an active part in the
development and operation of service that affect their lives
From the above, it can be said the public participation is a
process

8. The continuum of public participation

9. What public participation entails
Inform (Kuwajulisha)
 This involves the passing of information from government
agencies to members of public for awareness purposes. The
goal is to keep the public informed
 Different communication channels are utilized in passing
this information i.e notices are carried by the mass media,
distributed as brochures and fact sheets, posted on
websites or posted in the government office
 Usually no action is required on the part of public

10. What public participation entails
Consult (Kushauriana)
 Where public officers or organs make deliberate efforts to
collect views of the public on an issue under consideration
 The purpose is to collect feedback. Citizens are allowed to
air their views or “ventilate” on an issue, but there is no
guarantee that their views will impact on the decision to be
made or in some cases, a decision that has already made.
 It is the practice of many government offices in Kenya to
have suggestion boxes for collecting views

11. What public participation entails
Involve (Kuhusisha)
At this point, the concern, interests and views of the citizen
are considered throughout the decision process, particularly
in the development of decision criteria and options. The final
decision though is in the hands of the government
Collaborate-(Kushirikiana)
Here decisions are jointly made by the citizens and the
government. Alternatives are weighed and agreements are
sought through consensus, or some other ways of determining
the more popular option

12. What public participation entails
Empower-(Kuwawezesha)
At this points, the power to make decisions is in the power of
the citizens. The public officers or organs are obligated, and
committed to implementing decisions that have been made by
the citizens themselves
Note: Public Participation is seen as continuum, which moves
from position of reluctant state organ providing little bits of
information here and there to an engaged government that
partners with its citizens in making decisions that affect them

13. WHAT ARE THE BENEFITS OF PUBLIC PARTICIPATION?
 Helps citizens to understand the roles and jurisdiction of
county governments, services they are responsible for,
and to channel issues to the appropriate level of
government; understand the political and administrative
environments and challenges facing the counties;
 Can result in additional revenue for local development;
 Can break down barriers between citizens and counties,
improving mutual understanding, communication and
trust in county government programs and projects;

14.  Makes infrastructure and services more relevant to the
citizens;
 Creates opportunities for engaging, educating and
empowering citizens to participate meaningfully in
resource utilization;
 A cost-effective way ofplanning for scarceresources, and
can unlock resource potential;

15.  Promotes transparency and helps the county to reduce
corruption and bureaucratic inefficiencies;
 Enhances business community cooperation—by promoting
transparency, reducing corruption and increasing
efficiency, participation increases investor confidence;
 Provides opportunity for marginalized groups to be
heard; and
 Provides a platform for ownership of projects thus
ensuring sustainability

16. COUNTY GOVERNMENT OFFICERS MANDATED TO GUIDE
PUBLIC PARTICIPATION
At the county government level, the Constitution and
various statutes assign responsibilities to coordinate,
manage and supervise public participation to certain county
officers. These officers are:
Governor, County Executive Committee, Sub county
administrator, Ward Administrator, Village Administrative,
MCAs

17. Governor: As per Section 30(3)(g) of the County
Governments Act, the Governor should promote and
facilitate citizen participation in the development of
policies and plans, and service delivery in the county.
County Executive Committee: Section 46(2)(g) of the
County Governments Act provides that the county
executive committee should bear in mind the need to all
participatory decision making.

18. Sub-County Administrator: Under Section 50(3)(g) of the
County Governments Act, the sub-county administrator is
responsible for the coordination, management and
supervision of the general administrative functions in the
sub-county including the facilitation and coordination of
citizen participation in the development of policies, plans
and service delivery.
Ward Administrator: Under Section 51(3)(g) of the County
Governments Act, the ward administrator is responsible for
the coordination, management and supervision of the
general administrative functions in the ward including the
facilitation and coordination of citizen participation in the
development of policies, plans and service delivery

19. Village Administrator: Under Section 52(3)(a)(i) of the
County Governments Act, the village administrator is
responsible for the coordination, management and
supervision of the general administrative functions in the
sub-county including ensuring and coordinating the
participation of the village unit in governance.
County Assembly: Article 196 of the Constitution provides
that the county assembly should facilitate public
participation and the involvement in the legislative and
other business of the assembly and its committees

20. Urban Areas and Cities: Section 21(1)(g) of the Urban Areas
and Cities Act empowers boards of cities and municipalities
to ensure public participation of the residents in decision
making its activities and programmes. Section 22
establishes citizen for a where residents of a city,
municipality or town may actively be involved in policy and
law making plus service deliveries in their respective areas.
County Executive Committee member for finance: Section
125 of the Public Finance Management Act provides that
the County Executive Committee member of finance should
ensure that there is public participation in the budget
process

21. HOW CAN A CITIZEN PREPARE SO THAT S/HE CAN ENGAGE
IN PUBLIC PARTICIPATION EFFECTIVELY?
a) Identify what issues are up for discussion (what policy,
legislation or development plan).
b) Identify specific problems affecting them individually or
in community, in relation to the issue being discussed
c) Think in advance with friends family colleagues or even
individually and come up with possible scenarios and
solutions/or proposals to the problem
d) Identify who needs be involved in public consultation

22. e) Assemble a citizen groups or likeminded people to have
a united front and a larger voice; (BUT YOU CAN ALSO
TAKE THIS INITIATIVE AS AN INDIVIDUAL IT IS NOT A
MUST IT BE UNDERTAKEN IN A GROUP).
f) Form partnerships and networks with local organizations
and county government.
g) Keep community informed on the outcomes and the
progress of the process and discussions.
h) Seek feedback from leaders/policy makers/duty bearers
after the public participation event is over.

23. WHO SHOULD PARTICIPATE?
Participation in county governance is open to all members
of the public, either individually or in a self-organised form
that is legally recognized. No one can be barred from
participating on any grounds such as age, race, colour,
gender or political affiliation.

24. THE PUBLIC PARTICIPATION FRAMEWORK IN KENYA
Constitutional and legal provision for public participation
Article 1: Sovereignty states all sovereign power vested in
people of Kenya. The people may exercise their
sovereignty directly or through their elected
representatives.
Article 10: The national values- Part (a)……Patriotism,
national unity, sharing and devolution of power, the rule of
law, democracy and participation of the power’

25. Constitutional and legal provision for public participation
Chapter 4: Bill of Rights -Provides for right to equality,
human dignity, various freedoms environment (e.g of
expression, media)
Article 35: Part (1) ‘Every citizen has their the right of
access to (a) information held by the state’
Article 69: Part(i) ‘The state is mandated to encourage
public participation in the management, protection and
conservation of the environment

26. Article 118: Legislature- Provides for public access and
participation in Parliament sittings and those of its
committees
Article 119: Legislature-Provides for right to petition
parliament
Article 196: Legislature-Part (1), states that ‘a county
assembly shall conduct its business in an open manner and
hold its sittings and those of committees in public, and
facilitate public participation and involvement in the
legislative and other business of the assembly and its
committees.’
Article 174: Devolution-The objects of devolution are to;
(c) ‘give powers of self-governance to the people and
enhance their participation in the exercise of the powers
of the state and in making decisions affecting them’

27. Article 174: Devolution -The objects of devolution are to;
(d) ‘Recognize the rights of communities to manage their
own affairs and to further their development’
Article 184: Urban Areas-Part (1) state that ‘National
Legislation shall provide for the government and
management of urban areas and cities and shall in
particular (c) provide for participation by residents in the
governance of urban areas and cities

28. THE COUNTY GOVERNMENT ACT 2012
The county government Act deals extensively with subject

29. Principal of Public Participation
Public participation is based on the following broad
principles which are to be institutionalized in every process
of county governance: (Section 87 of the County
Government Act 2012)
A. Timely access to information, data, documents and other
information relevant or related to policy formulation,
implementation and oversight;
B. Providing approved and authenticated official documents
to the public for discussion. Information going out to the
public should be clear and ought not to have any ambiguity

30. C. Reasonable access to the process of formulating and
implementing policies, laws, and regulations including the
approval of development proposals, projects and budgets,
the granting of permits and the establishment of specific
performance standards;
D. Protection and promotion of the interest and rights of
minorities, marginalized groups and communities and their
access to relevant information;
E. Providing multiple opportunities for public participation;

31. F. Legal standing of interested or affected persons,
organization, and where pertinent, community to appeal
from or, review decisions or redress grievances with
particular emphasis on persons and traditionally
marginalized communities, including women, youth, and
disadvantaged communities;
G. Reasonable balance in the roles and obligations of
county governance and non-state actors in decision making
processes partnership, and to provide complementary
authority and oversight

32. H. Promotion of Public-Private Partnerships (PPPs), such as
joint committees, technical teams and citizen commissions
to encourage direct dialogue and concerted action on
sustainable development; and
I. Recognition and promotion of the reciprocal roles of
non-state actors’ participation and governmental
facilitation and oversight

33. Section 88 gives the right to petition the community
government in writing, on any matter under the
responsibility of the county government
Section 89 obligates the county government, its organs and
agencies to respond expeditiously to any petition or
challenge made by the citizens
Section 90 sets out procedure on local referenda and
outlines the issues that may be placed to the citizens for
decision in such referenda

34. Section 91: puts an obligation on government to put in
place structures that make it easy for citizen participation.
The structures envisage include the following:
a) Information communication technology based platforms
b) Town hall meetings
c) budget preparation and validation
d) Notice boards: announcing jobs, appointments,
procurement, awards and other important
announcements of public interest
e) Development project site

35. f) Avenue for the participation of peoples representatives
including but not limited to members of the National
Assembly and senate or
g) Establishment of citizen forums at county and
decentralized units
Under section 92, the governor is required to submit an
annual report on public participation to the county
Assembly
Section 105 (d) states that county planning units shall be
responsible for ensuring that there is meaningful citizen
participation in county planning

36. According to section 114, whenever there is a nationally
significant development project, there must be public
hearings in all the affected counties
Section 115 makes public hearing mandatory for county
planning

37. THE COUNTY ASSEMBLY AND PUBLIC PARTICIPATION?
The county Assembly is the legislative arm of the county
government (Article 185 of the Constitution of Kenya)
THE COMPOSITION OF THE COUNTY ASSEMBLY
According to Article 177 of the constitution, Section 7 of the
county government Act, the county Assembly Consists of;
- Members of the County Assembly elected from the ward
- Members representing special interests in the assembly,
such as interests include the youth, the marginalized
communities, people living with disabilities among others
- The Speaker of the County Assembly

38. Role/Function of the Members of the county
Assemblies
According to section 8 of the county government Act, these
roles include
A. Vetting and approving nominees for appointment to county
public office as may be provided for in this Act, or in any
other law;
B. Approving the budget and expenditure of the county
government in accordance with Article 207 of the
constitution and the legislation contemplated in Article
207 of the constitution guided by Article 201 and 203 of
the constitution

39. C. Approving the borrowing by the county government
accordance with Article 212 of the constitution
D. Approving County development planning
E. County Assembly participate in the removal of key
officers:
- Governor
- Speaker
- County Executives
- County Public Service Board

40. THE STRUCTURE AND FUNCTIONS OF COUNTY ASSEMBLY
COMMITTEES
The committee of the county Assembly are provided for in
the constitution in the county government Act
The committees of the county Assembly are classified as
follows.
 Standing or Select Committees
 Sectoral Committees

41. Standing or select committees
These are committees that are established by the standing
orders of the county Assembly to take care of the specific
issues within and without the assembly. These committee
includes
A. Committees that deal with housekeeping matters
 House Business committee-Sets the calendar and order of
the house in the house
 Committee on selection- It appoints members
 Liaison Committee- It oversees the operations of the other
committees
 Procedure and Rule Committees-it deals with review of
standing orders of the assembly
 Powers and privileges Committee-It enforces the power,
privileges and immunities of the members of the county
assembly as outlined in law

42. B. PUBLIC ACCOUNT AND INVESTMENT COMMITTEE (Watchdog
committee)-Its’ work is to ensure that money allocated to
the government is used prudently. It also ensure that
investments made by the county government are
appropriate, and yield intended results.
C. COMMITTEE ON APPOINTMENTS-It vets county Executive
members appointed by governor
D. BUDGET AND APPROPRIATIONS COMMITTEE-It deals with
budgetary issues including preparing budget report for
adoption by parliament, and supervises the implementation
E. Committee on Implementation-Scrutinizes the resolution
of the county assembly (including laws and adopted
committee reports), petitions and the undertakings given by
the county executive committee and examines whether or
not they have been implemented, the extent to which they
have been implemented and whether such implementation
has taken place within the minimum time necessary

43. JUSTICE, LEGAL AND DELEGATED COUNTY LEGISLATION-This
committee reviews statutory instruments to ensure that they
are consistent with the constitution and law. Such instruments
include by-laws, regulations, fees and other instruments made
by a regulation making body, pursuant to an act of the county
Assembly
SECTORAL COMMITTEES
Each County assembly sets up committees to deal with
different economic, social and administrative sectors in the
county.
The second schedule of the standing orders provides
guidelines on how the sectoral committees should work

44. committee
1. Finance and Economic planning-County finance and
planning, development including statistics; land survey
and mapping; boundaries and fencing; housing and
electricity and gas reticulation and energy regulation
2. Agriculture, Livestock and Fisheries-All matters related
to agriculture, including crop and animal husbandry,
livestock sale yards, county abattoirs, plant and animal
disease control and fisheries; veterinary services
(excluding regulation of the profession)

45. 3. Culture, Gender and Social Services-All matters relating to
gender, culture and social welfare. All matters related to
cultural activities, public entertainment and public
amenities, museums, sports and cultural activities and
facilities
4. Administration, Coordination and ICT-All matters related
to ensuring and coordinating the participation of
communities and locations in governance at the local level
and assisting communities and locations to develop
administrative capacity for the effective exercise of the
functions and powers and participation in governance at the
local level; administration of law and justice. Including
working and collaborating with national governmental on

46. 5. Education, Skills development, Youth Development and
Sports-All matters related to pre-primary education, village
polytechnics, home craft centers and childcare youth and
children welfare. Youth and children welfare
6. Energy, Land, Housing and Urban Development-All
matters related to Energy, Land, Housing and Urban areas;
county parks, beaches and recreation facilities

47. 7. Health Services-All matters related to County health
services including in particular county health facilities
and pharmacies, ambulance services, promotion of
primary health care, licensing and control of
undertakings that sell food to the public, cemeteries,
funeral parlors and crematoria and refuse removal,
refuse dumps and solid waste disposal, sewerage and
sanitation services.
8. Trade, Tourism, Cooperative and Enterprise
Development-Trade development and regulation
including the markets; trade licenses (excluding
regulation of professions); fair trading practices, local
tourism and cooperative societies

48. 9. Transport, Roads and public works -All matters related to
County transport, including county roads, street lighting,
traffic and parking, public transport and ferries and harbors,
county public works and services including storm water
management systems in built up areas and water sanitation
10. Water, Environment and Natural Resources All matters
related specific County Government policies on natural
resources and environmental conservation, including soil and
water conservation and forestry and control of air pollution,
noise pollution, other public nuisances and outdoor
advertising.

49. TOOLS FOR PUBLIC PARTICIPATION
There are two major tools that citizens can use to actively
engage the county Assembly
A. Petitions
B. Written and Oral Submissions
PETITIONS
Article 119 of the constitution states that every citizens has
the right to petition parliament to consider any matter within
its authority, including to enact, amend or repeal any
legislation.

50. What is a Petition?
A petition is a request. A petition expresses a point of view,
usually on matters of public policy, and contains a request for
action, or in some cases, not to take action
Whenever an individual or a group of people, or an
organization have an issue they would like the county assembly
to consider, they draft a petition, and address it to the clerk
of the Assembly.
The law provides that the petition may be handwritten,
printed or typed, and may be in English or Kiswahili provided
that it is written in respectful, decorum and temperate
language

51. The petition must be tidy, free of alterations and
interlineations. If the petition consists of more than one sheet,
the subject matter should be indicated on every sheet. There
should be no annexes to the petition
The petitioners(s) indicated whether any efforts have been
made to have the matter addressed by a relevant body and
whether there has been any response from that body or
whether the response has been unsatisfactory. Also the
petition should indicate whether the issues in respect of which
the petition is made are pending before any court of law or
other constitutional or legal body.
After clearly stating the subject matter, the petition should
close with a clear, proper and respectful request indicating
the definite purpose of the petitioner or petitioners in regard
to the matter to which it relates.

52. The petition is then signed by the petitioner, or if the
petitioner is unable to sign, by a witness in whose presence
the petitioner shall make his or her mark on the petition. The
signature or thumb impressions, as the case may be, and
addressed and identification numbers should be written
directly onto the petition.
Here is the form that is prescribed by the Act.

53. Petition

54. Example of a petition made by the residents of Bungoma requesting
the county Assembly to intervene in a dam project that threatened to
displace families

55. The completed petition is sent to the county assembly. Once
received by the clerk of the county assembly, it is examined to
ensure that it meets the requirements of a petition. If it does
not meet the requirements, clerk gives instruction for
amendments to ensure that it complies with the law.
After satisfaction that the petition meets the required
standards, it is forwarded to the assembly for tabling before
the house. It is then processed in accordance to the standing
orders (laws that regulate proceedings OR CONDUCT OF
BUSSINESS of an organization-give footnote) of the assembly
The petition is referred to the relevant committee of the
house that inquires into the matter. The committee holds
public hearings to receive views from wider public and it
receives the input of experts and stakeholder

56. A report is then written and tabled on the floor of the house
with recommendations, depending on the findings of the house
committee. The decision of the house is communicated to the
petitioner(s) within fifteen (15) days