In the realm of planning and development, the responsibility of spearheading progress has traditionally rested with the national government, in Nairobi. However, it is essential to reflect on a significant turning point in Kenya's history.
In 1983, the District Focus for Rural Development strategy was introduced, marking a shift towards a more inclusive approach that encouraged community participation in identifying, planning, and implementing local development projects at the district level. Unfortunately, the lack of a legislative framework posed challenges to the effective coordination of these committees.
Recognising the need for further progress, the Ministry of Local Government initiated the Kenya Local Government Reform Programme in 2001, introducing the Local Authorities Service Delivery Action Plan. This instrumental tool sought to enhance participatory planning, governance, and service delivery in local authorities, providing an entry point for constructive engagement between local authorities and citizens in decision-making processes at the local level.
In 2003, the Constituencies Development Fund Act created the Constituencies Development Fund, designed to tackle grassroots poverty. Despite these innovative initiatives, public participation faced obstacles such as public apathy, insufficient civic education, and limited access to information for the general public.
2010 brought about a transformative milestone for Kenya with the promulgation of a new constitution which built upon earlier tools and established the devolved government. Article 1(2) of the Constitution fundamentally places sovereign power in the hands of the people, enabling them to exercise their sovereignty directly or through their elected representatives. Moreover, Article 10(2) highlights crucial governance principles, including democracy, people's participation, inclusivity, good governance, integrity, transparency, and accountability.
These provisions empower the public to hold their leaders accountable for their promises regarding various development issues. Since the enactment of the 2010 Constitution, Kenya has made strides in realising the vision of an engaged citizenry. Notably, court rulings have upheld the people's right to access information. For instance, in a case regarding the disclosure of the contract for the Sh450 billion SGR line project, the High Court in Mombasa ruled that the failure to provide the requested information by the Attorney-General, Transport, and National Treasury Principal Secretaries was a violation of the right to access information.
However, challenges persist, and a crucial matter currently awaiting a ruling by the Judiciary is the Finance Act 2023, for which the court has extended its freeze order due to a case presented by Busia Senator Okiya Omtatah and six other people. Prior to the bill being signed into law, concerns had been raised about efforts made by the government to ensure that the public is aware of the bill's contents.
What reliable sources of information were made available to the public regarding the Finance Bill 2023? Was purpose-driven civic education conducted to inform the public about the proposed law and its potential impact on individuals? Was the feedback from Kenyans taken into account, or was it merely a facade to create the illusion of public engagement?
While we acknowledge the progress made by the media, civil society organisations and individuals who worked to ensure the public had a general understanding of how the proposed law would affect their lives, it is evident that we still have a long way to go as a nation in ensuring that the voices of the people are heard and the rule of law is upheld. We must continue striving for a Kenya where citizen engagement becomes an ingrained principle, empowering every individual to participate in shaping our future.