The provisions on public participation in Kenya contained in this Act affect the county governments.
Section 113: Makes public participation in county planning processes compulsory.
Section 87: Stipulates the principles of public participation. They include timely access to information and reasonable access to planning and policy making process.
Section 88: Citizens have a right to petition the county government on any matter under the responsibility of the county government.
Section 89: County government authorities, agencies, and agents have a duty to respond expeditiously to petitions and challenges from citizens.
Section 90: A county government may conduct a local referendum on among other local issues— county laws and petitions, or planning and investment decisions affecting the county for which a petition has been raised and duly signed by at least twenty five percent of the registered voters where the referendum is to take place.
Section 91: The county government shall facilitate the establishment of modalities, and platforms for citizen participation e.g. town hall meetings, IT based technologies and establishment of citizen fora at county and decentralized units.
Sections 94, 95, 96: Counties are to establish mechanisms to facilitate public communication and access to information using media with the widest public outreach. Every county shall designate an office for ensuring access to information.
Sections 100 and 101: County governments should create an institutional framework for civic education.
OTHER LAWS
There are many other laws that make public participation in Kenya as their central pillar. They include:
Urban Areas Act Sections 21 and 22: Overarching theme is participation by the residents in the governance of urban areas and cities. The Second Schedule of the Act provides for the rights of, and participation by residents in affairs of their city or urban areas.
Public Procurement and Disposal Act 2015 Section 68(3), 125(5), 138, and 179: Emphasis on transparency of the procurement process including requirements for procuring entities to publicly avail procurement records after closure of proceedings, publicize notice of intention to enter into contract on websites and public notice boards, publish, and publicize all contract awards.
