Public participation is a cornerstone of democracy and involves the active involvement of citizens in the decision-making processes that affect their lives. MyVoice aims to enhance public understanding of the legislative process and the importance of public involvement.
Public participation is foundational to democracy, ensuring that all citizens have a say in government decisions. It is a constitutional principle in Kenya, grounded in Articles 1, 10, 35, 118, 119, 124, 201, 221, and 232 of the Constitution of Kenya, as well as the Petitions to Parliament (Procedure) Act, No. 22 of 2012, and the National Assembly Standing Orders. It ranges from simply informing people about parliamentary activities to delegating decision-making power to the public.
Benefits of Public Participation
- Empowering citizens
- Generating diverse and innovative ideas
- Enhancing citizen-government relations
- Legitimation of government programs
- Appropriate prioritization of projects
- Improved delivery of public services
- Increased government responsiveness
Principles of effective public participation
- Be a continuous process and not a one-time event.
- Provide timely and relevant information, accessible all members of the public so they are aware and can engage in decisions that affect them.
- Effective public participation demands attention is given to inclusion and equity so that all groups—women and men of all ages, from marginalized communities, and persons with disabilities are engaged and their needs expressed and considered.
Process of Public Participation in Law Making
When a Bill is introduced in Parliament, it is referred to the relevant committee.
The committee then seeks public views on the Bill through advertisements in the media.
1. Public Involvement
Citizens are encouraged to participate by submitting their views on the Bill.
This can be done through written submissions, memoranda, or appearances before the committee.
2. Committee Engagement
The committee may organize public forums and hearings to gather diverse opinions and insights from stakeholders.
These forums provide an opportunity for direct interaction between Members of Parliament and the public.
3. Compilation of Views
The committee compiles the views and suggestions received from the public.
These inputs are considered during the deliberation and refinement of the Bill.
4. Report Preparation
The committee prepares a report that includes the public’s contributions and the committee’s recommendations.
This report is tabled in Parliament for further debate and consideration.
5. Final Decision
The refined Bill, along with the committee’s report, is debated by the full House.
Members of Parliament may propose further amendments based on the public’s feedback before the Bill is put to a vote.
The”Election”Offences”(Amendment)”(No.”2)”Bill,”2024
This is an amendment bill intended to revise the Election Offences Act, 2016. It includes specific changes to Section 6 of the original act, addressing offences related to election conduct by members and staff of the Independent Election and Boundaries Commission (IEBC).
Key Areas of Focus:
- Electoral justice and related matters
- Outstanding constitutional matters
- Fidelity to political parties/coalitions
- Law on multiparty democracy
- Entrenchment of various government funds and state offices
Additional Statements
- Delegation of Legislative Powers and Limitation of Rights: The Bill does not delegate legislative powers nor does it limit fundamental rights and freedoms.
- County Governments: This Bill concerns county governments as per Article 110(1) of the Constitution.
- Money Bill Statement: The Bill is not considered a money Bill within the meaning of Article 114 of the Constitution.
The Election Offences (Amendment) (No. 2) Bill, 2024 aims to enhance the accountability and integrity of the electoral process in Kenya by amending specific provisions of the Election Offences Act, 2016. The key amendments target unreasonable delays in declaring results, collusion, holding elections in unauthorized locations, and tampering with election results. This Bill is a response to public demand for better electoral practices and aims to ensure fair and transparent elections. It does not infringe on fundamental rights or delegate additional legislative powers, and it pertains to the governance at the county level without involving financial provisions.
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