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{
    "id": 811942,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/811942/?format=api",
    "text_counter": 32,
    "type": "speech",
    "speaker_name": "July 3, 2018 SENATE DEBATES 5 The Senate Minority Leader (",
    "speaker_title": "",
    "speaker": null,
    "content": "Sen. Orengo): Mr. Speaker, Sir, it is good for us to share some of these provisions because they come in quite handy. Under Article 196 of the Constitution, county assemblies are also supposed to embrace the principle of public participation not only in legislation, but also the running of county governments. Even when it comes to the issue of protection of the environment, under Article 69, again there is the principle of public participation. In the values that affect the principle of public finance, again, you find the same theme running. That is set out in the words that, “there shall be openness and accountability, including public participation in financial matters.” Luckily, for the legislatures there is a framework and mechanisms already, although it is not sufficient, as found in the Standing Orders. There are provisions in the Standing Orders that have been adopted both in the National Assembly and county assemblies on how to conduct public participation in matters legislation. This Bill provides general guidelines for all institutions of Government, including Parliament and the Judiciary. It also designates offices upon which the authority to make provisions or enact guidelines for public participation shall vest. Those are found in Clause 5 of the Bill. I invite the Members to look at the Bill. Mr. Speaker, Sir, again, of significance is that all these principles that are contained in our Constitution are also found in international instruments, more particularly, the International Covenant on Civil and Political Rights. These principles are found in the African Charter on Human and People’s Rights. There are other jurisdictions which have even stronger legislation on the question of public participation. I commend the law as it obtains in Portugal where public participation, as set out in the law, is more elaborate than in our Constitution. For example, there is a provision in Portugal and Colombia, in the relevant legislation, that any citizen has a right to participate in the establishment exercise and control of political power. In those countries it goes beyond participation. This question also has a reason in our courts. The courts have given some guidance as to how this matter should be dealt with. There are several decisions of the High Court here in Kenya. This is a shared jurisprudence between our courts and, more particularly, the courts in South Africa. They have pointed out that the question of public participation should not be done for mere observance of the law. Public participation must be real and not illusory. In enacting laws or making decisions, the governmental institutions must embrace the principle of public participation. Indeed, some of the courts have gone beyond that to state that public participation is not consultation or seeking advice; it is participation. The words that are used in respect of the legislature are ‘participation and involvement.’ It goes beyond just the mere principle of participation. Mr. Speaker, Sir, this is an important Bill. I should have said right in the beginning that I am moving this Bill on behalf of the Senator for Busia County, Attorney- General Emeritus, Sen. Wako. He is probably the right person to have come up with this Bill because not only was he the Attorney-General during the discussions and debates around the new Constitution and piloted its enactment in the previous Parliament, but he The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}