An Analysis of the Concept of Public Participation in Kenya Word Count (10044)
Keywords:
Public participation, word count, Kenya, globalAbstract
This paper defines public participation and gives the reader an ample understanding on how itoperates within the country and the counties. The reader should be able to also understand the
various ways the government; both county and national, achieve the principle of public participation. This paper also outlines and analyses the current statutes on public participation
and how they are to be implemented by the Government of Kenya. The research will mainly rely on secondary data from written material. It will be based on an analysis of legislation and entail desktop research of literature concerning the matters in question from the available sources. The paper outlines the current best global practices on public participation and tackles how Kenya measures against the global best practices and the constitutional requirements. This paper looks at the findings from the study and makes various conclusions on the concept of public participation in realizing the implementation of the constitution of Kenya. Finally this paper makes a number of recommendations drawn from various legal regimes to make the concept of citizen participation better.
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References
International Association for Public Participation (2002) Retrieved from http://www.iap2.org (Accessed on 11
January 2016)
MC Segger A Khalfan “Sustainable Development Law: Principles, Practices and Prospects” (2011) 110.
K Bottriel MC Segger (n 3 above) 4
A centralized government is one in which power or legal authority is exerted or coordinated by a de facto political executive to which federal states, local authorities, and smaller units are considered subject http://en.wikipedia.org (Accessed on 10 March 2016)
A decentralized system of governance is where administrative functions are distributed or devolved from the
national government to smaller administrative units http://en.wikipedia.org (Accessed on 10 March 2016)
A. Omolo ‘Policy Paper on Citizen Participation in Kenya’ (2014) http://www.tisa.or.ke (Accessed on 16 February
Legal positivism is a philosophy of law that emphasizes the conventional nature of law that it is socially
constructed. Law is therefore from positive norms from the legislator http://www.iep.utm.edu (Accessed on 10
March 2016)
DK Okoth ‘Public Participation and Environmental Jurisprudence in Kenya’ (2012) 3 http://www.academia.edu
(Accessed on 9 January 2016)
DK Okoth (n 8 above) 3
This is minimal participation by citizens therefore leading to less vigilance in preventing those opposed to the
constitution from undermining its full implementation. Retrieved from Citizen Handbook Uraia 40
Public participation - Wikipedia, the free encyclopedia https://en.wikipedia.org/wiki/Public_participation
(Accessed on 16 February 2016)
SR Arnstein ‘The ladder of citizen participation’ (2006) 217 it is worth nothing that one of the limitations of this
typology is that is assumes that there are citizens who are powerless and the persons in authority who are
powerful.
SR Arnstein (n 15 above) 218
SR Arnstein (n 15 above) 219
SR Arnstein (n 15 above) 219
SR Arnstein (n 15 above) 220
SR Arnstein (n 15 above) 221
SR Arnstein (n 15 above) 222
Y Moseti ‘ Public participation for sustainable development in local cities, 46th ISOCARP Congress Kenya’ (2010) 3
http://www.isocarp.net (Accessed on 9 February 2016)
Y Moseti (n 31 above) 4
Y Moseti (n 31 above) 5
N Caleb (n 35 above) 6. The author discusses different articles in the constitution. Public participation is denoted
as a right and a key requirement in governance.
Article 10
Article 35
Article 190(1)
Article 196(2)
Article 118
Article 3 of the County Government Act, 2012
Article 196 of the Constitution
Article 197 of the Constitution
Article 3(l) of the County Government Act, 2012
Article 6(6) of the County Government Act, 2012
Article 177(1a) of the Constitution
Article 177(1b) of the Constitution
Article 7(2a)of the County Government Act, 2012
Article 9(1a) of the County Government Act, 2012
Article 9(1b) of the County Government Act, 2012
Article 9(1c) of the County Assemblies Act, 2012
Article 26(8a) of the County Government Act, 2012
Article 15(1) of County Government Act, 2012
Article 27(1) of County Government Act, 2012
Article 30 (3g) of County Government Act, 2012
Article 46(2g) of County Government Act, 2012
Article 47(2d) of County Government Act, 2012
Article 50 (3g) of County Government Act, 2012
Article 51(3f) of County Government Act,2012
Article 55(a) of County Government Act, 2012
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