Citizen participation helps to mitigate social conflicts by involving different interest groups and interest groups. Investing in public participation contributes to minimising Article 232(1)(d): public service values and principles include citizen participation in the policy-making process, and (f) transparency and the provision of accurate and timely information to the public. Article 91: The county government should facilitate the establishment of modalities and platforms for citizen participation, such as citizens` assemblies, information technology-based technologies, and the establishment of citizen forums in the county and decentralized units. Article 174 (c): The objectives of decentralization are to transfer powers of autonomy to the people and to improve their participation in the exercise of these powers in decision-making. In many cases, the courts have held that the public participation standard is a measure of reasonableness. This means that it depends on the particular circumstances and facts at issue in the particular case. A decision of the Constitutional Court of South Africa summed up the required standard well, stating: „The forms of appropriate participation in the legislative process are indeed infinitely diverse. It is important that, at the end of the day, the public and all interested parties have the opportunity to learn about the subject and have their say. What constitutes a reasonable possibility depends on the circumstances of the case.

Article 61: Gives the public, individually or in groups, a say in land matters, including the acquisition, management, transfer, sale or ownership of private, public and/or community lands. Public participation is particularly important in Kenya`s budgetary and legislative process. Other areas where public participation should take place in Kenya are government procurement and the tendering process. Article 119, paragraph 2: Parliament may exclude the public or the media from a sitting only if the competent President (National Assembly or Senate) has determined, in exceptional circumstances, that there are legitimate grounds for expulsion. Article 33: Public participation shall respect the freedom of expression of all participants. Article 87: Sets out the principles of public participation. This includes timely access to information and adequate access to the planning and policy development process. Article 184, paragraph 1: National legislation should provide for the management and management of urban areas and cities, and in particular: (c) provide for the participation of residents in the management of urban areas and cities. Articles 94, 95 and 96: Counties should establish mechanisms to facilitate public communication and access to information through the media with the widest possible publicity. Each district should designate an office to ensure access to information. Article 10(2)(a), (b) and (c): National values and principles of governance include: democracy and popular participation; Inclusiveness; good governance, integrity, transparency and accountability. Article 10, paragraph 1, of the Constitution provides that national values and principles of government shall be binding on all State bodies, civil servants, civil servants and all persons when one of them is: Articles 100 and 101: District governments should establish an institutional framework for civic education.

Public participation is seen as a crucial pillar of Kenya`s constitution in Kenya. It promotes democracy by giving the public the opportunity to participate in decision-making processes within government. Everyone has the constitutional right to participate appropriately in the formulation and implementation of legislation and policy decisions. In the event of insufficient public participation, an aggrieved party has the right to seek redress from the courts for a finding or order declaring the impugned legislation or policy invalid. Part 2 of the Fourth Schedule(14): The functions and powers of the district government are to coordinate and ensure the participation of municipalities in the administration. Districts should also assist municipalities in developing their administrative capacity to improve their exercise of power and participation in local governance. Due to the centrality of public participation in Kenya, the Senate is currently debating the Public Participation Bill 2018 (the Act). The draft law proposes to establish a general framework for effective public participation in order to implement the constitutional principles of democracy and popular participation in accordance with the Constitution. Section 175 (9): The accountant of an urban area or city shall ensure public participation in the preparation of the strategic plan (175:1) and annual budget estimates (175:5) in accordance with the Second Schedule of the Urban Areas and Cities Act 2011. To this end, the accounting officer may issue guidelines on public participation. Increasingly, we have seen in the halls of the courts how some laws and policies have been struck down due to insufficient public participation. In November 2018, for example, the Contempt of Court law was declared invalid by the Constitutional Court in 2016 due to a lack of public participation.

We have also encountered cases where county government laws and policies have been struck down for the same reasons. In a ruling against a county government, the court criticized the county government`s legislative and political decision-making processes due to insufficient public participation, stating, „Public participation should be real, not illusory, and should not be treated as a mere formality for the purpose of satisfying constitutional dictates.“ In addition, in 2017, the Court of Appeal ruled on public participation: „. The issue of public participation is of paramount importance, given that it has been given priority in the supreme law of this country and in the relevant laws on institutions that affect people`s lives. Article 10 of the Constitution, which binds all State bodies, civil servants, public officials and all persons performing public functions, emphasizes public participation as one of the ideas and aspirations of our democratic nation. It follows that individuals have the right to challenge administrative acts, laws or decisions of public order on the grounds of insufficient public participation. Article 201 (a): There should be transparency and accountability, including public participation in financial matters. Public participation is one of the national values and principles of governance enshrined in the 2010 Kenyan Constitution (the Constitution). Article 10(2)(a) of the Constitution explicitly states that national values and principles of governance include patriotism, national unity, power-sharing and decentralisation, the rule of law, democracy and popular participation. Popular participation is popularly known as citizen participation. Public participation is a constitutional requirement, particularly Article 1, which states that sovereign power belongs to the people, and Article 10 (2) (a) and the Fourth Schedule, Part 2 (14) of the Kenyan Constitution and is established according to the district government. Sections 87 to 92 and 115 of the County Government Act 2012 set out the principles of public participation and the need to facilitate public participation in the work of county government.

Public participation is a structured means of consulting individuals, groups and entities before decisions are made. It is intended to give a voice to the voiceless and cement the concept of the ability to act vis-à-vis the district government, i.e. the district government becomes a representative of the people. Public participation is not intended to convey decisions that have already been made, but to generate and confirm decisions. It is not a political process, but an impartial process in which the agent receives „instructions and instructions“ from the people. Public Procurement and Elimination Act 2015, Articles 68(3), 125(5), 138 and 179: focus on transparency in the procurement process, including the requirement for procuring entities to publicly access procurement documents at the end of the procedure, to publish the notice of intention to conclude a contract on public websites and bulletin boards, and to publish and publish all contracts. Article 27: The Constitution guarantees equality and non-discrimination. Therefore, public participation should ensure equality and non-discrimination. The Makueni County Government will try to use the different levels of participation, i.e. it is committed to promoting consultation, healing and partnership and models of citizen participation. The county government will encourage and ensure people-centred and people-led development as required by the constitution. The Government will continually strive to create an enabling environment in which citizens can participate and participate in policy development from the outset.

Therefore, the Government pursues the following forms of public participation: Many other laws make public participation in Kenya its central pillar. These include articles 21 and 22 of the Law on Urban Areas and Cities: The general theme is the participation of residents in the management of urban areas and cities. The Second Schedule to the Act regulates the rights and participation of residents in the affairs of their city or urban areas.