Public participation

REPUBLIC OF KENYA

COUNTY ASSEMBLY OF ISIOLO

FIRST COUNTY ASSEMBLY

_____________________________________________________________________

REPORT OF THE COMMITTEE ON ETHICS, JUSTICE AND LEGAL AFFAIRS ON THE ISIOLO COUNTY CIVIC EDUCATION AND PUBLIC PARTICIPATION BILL, 2015

NOVEMBER, 2015

PREFACE

Mr. Speaker,

The sectoral committee on Ethics, Justice and Legal Affairs is established under standing order No. 193 of the County assembly of Isiolo. The committee was re-constituted on 26th October, 2015 after adoption of new standing order of county assembly of isiolo.

Mandate of the committee

Mr. Speaker,

The committee on Ethics, Justice and Legal affairs is generally mandated as provided for under the Standing Order 193 (5) of the County Assembly of Isiolo. Further the committee under second schedule is specifically mandated to deal with matters of constitutional affairs, the administration of law and justice, including the elections, integrity and anti-corruption and human right.

Committee membership

The committee on Ethics, Justice and Legal affairs comprises of the following members:-

  1. Hon.Benjamin Lopetet – Chairperson

  2. Hon Glads Atiku – V. Chairperson

  3. Hon. David Lematile

  4. Hon.Sadia Abdi

  5. Hon Ali Galgalo

  6. Hon Hadija Mamo

  7. Hon.moses Kithingi

Acknowledgement

Mr. Speaker,

The committee wishes to thank the offices of the speaker and the clerk of the County Assembly for the support extended to the committee in execution of its mandate of review of Public Participation and Civic Education Bill.

The committee also appreciates the contribution of CEMIRIDE for its support towards the realization of this Bill.

The commitment and contribution of members of the committee as the main ingredient in realization of this bill is also worth mentioning.

Mr. Speaker,

On behalf of the members of Ethics, Justice and Legal affairs committee and as required under standing order 182 of the County Assembly of Isiolo, it’s my pleasant duty and privilege to present to this honorable Assembly, the report on public participation and civic education Bill for consideration by the County Assembly

SIGNED……………………………… DATE……………………….

Hon. Benjamin Lopetet

Chairman,

Ethic, Justice and Legal affairs Committee

County Assembly of Isiolo

INTRODUCTION

The Isiolo County Public Participation and Civic Education Bill originated from the Executive as a legislative proposal for consideration by the County Assembly. However, pursuant to the provisions of standing order 113 (3)(b) of the County Assembly of Isiolo, the legislative proposal was committed to Ethics, Justice and Legal Affairs committee for pre-publication scrutiny.

The committee retreated to Nanyuki to analyze the legislative proposal with support of CEMIRIDE culminating in the Bill that was read for the first time in the County Assembly on Wednesday, 28th October, 2015.

Mr. Speaker,

Guided by the provisions of Standing Order 123 of County Assembly of Isiolo, the Bill was committed to Ethics, Justice and Legal Affairs committee to analyse the Bill, facilitate public participation and make report to the County Assembly while taking into considerations the views and recommendations of the public.

Mr. Speaker,

The Isiolo County Public Participation and Civic Education Bill seek to provide legal guidelines within which public will participate and engage in affairs of their Government as espoused in the constitution under the objects of Devolution. The Bill will also guide the County Assembly and the Executive in processing of other Bills in the County.

This therefore underscores the need to prioritize and critically analyze the Bill to ensure that the public participation as enshrined in the Constitution is guaranteed in the affairs of County Government.

Mr. Speaker,

The Isiolo County Public Participation and Civic Education Bill once assented into Act will give effect to Section 14 of part 2 of Schedule 4 of the Constitution and part VIII of the County Government Act. The Act will provide for the establishment of legal framework, modalities and platforms for facilitating civic education and public participation in county governance, policy processes and service delivery.

According to its objects and memorandum, the Bill seeks to provide for legal mechanism within which the public or any other person with interest in County governance matters can participate, implement the constitutional provisions relating to public participation and provide for the coordination of public participation in the County Assembly.

Mr. Speaker,

Looking at the Overview of the Public Participation and Civic Education Bill, shows the Bill is divided into six (6) parts with each part seeking to provide for the critical aspect of citizen Public Participation and Civic Education in the affairs of County Governance.

Public participation

Mr. Speaker,

The Constitution of Kenya created devolution with objects to promote democratic and accountable exercise of power, give powers of self-governance to the people and enhance the participation of the people in the exercise of powers of the state and in making decision affecting them; to recognize the right of communities to manage their own affairs and to further their development and protect and promote the interests and rights of minorities and marginalized communities.

To guarantee these objects, Article 196 (1) (b) of the constitution provides that:-

‘The County Assembly shall facilitate public participation and involvement in the legislative and other business of the Assembly and its committees’

Mr. Speaker,

Pursuant to this provision, the committee conducted public participation exercise to build the public capacity to make informed contribution and collect their views on the Bill.

The committee also through the office of the clerk placed notices in strategic places to invite individuals and organizations to submit memorandum on the Bill as a means to enhance public participation.

The public participation further took cognizance of inclusivity by ensuring representation of special interests groups are well represented.

Mr. Speaker,

The attached amendments capture the contribution of the committee members and the public

Recommendations of the committee

The committee made the following recommendations:-

  1. Where there is reference to the ‘community’ in the Bill, it is reworded to read the ‘public’

  2. Merge and compress clauses 15 to 25 to eliminate repetitions and come up with clauses that provide for clear provisions on the functions of the Department of Public Participation and Civic Education, the Director and Public Participation and Civic Education Advisory Committee

  3. The Director is a public servant who is a subject to other existing regulations for public servant and thus does not require to be subjected to oath of affirmation

  4. Delete all clauses sub-heading and put as marginal note to replace all existing ones. There should only be one marginal note for each clause.

  5. The use of ‘must’ in the Bill, be replaced with ‘shall’

The committee further made the following specific recommendations on the Bill

PART I – PRELIMINARY

  1. Clause 1. Add the words at the end of the sentence‘ and shall become into force upon final publication in the Gazette’ thus the clause to read as ‘This Act may be cited as the Isiolo County Civic Education and Public Participation Act, 2015 and shall be come into force upon final publication in the Gazette’

  2. Clause 2 interpretation

  1. Delete the interpretation for ‘Civic Education’

  2. Interpretations for Minorities delete the ‘Article 24’ and replace with ‘Article 27’ thus the interpretation read as ‘Minorities – refers to individuals or communities who because of their ethnicity, religion, culture, nationality or such other factor as stipulated in Article 27 of the Constitution of Kenya have been or risk being excluded from decision making processes that affect their welfare

  1. Clause 3 – Purpose and Objects

  1. Sub-section 1 delete the word ‘government’ appearing between the words ‘county and ‘and’ thus the sub-section read as ‘The Purpose of this Act is to enhance, promote and facilitate civic education and public participation in the county and specifically to –

  2. Clause 3 paragraph (b) delete the word ‘Financial’ appearing between the words “public” and “Management” and replace with ‘Finance’ thus the Paragraph to read as ‘give effect to public participation framework stipulated under the County Governments Act, 2012, the Public Finance Management Act, 2011 and the Urban Areas and Cities Act, 2011;

  3. Paragraph (c ) delete the word ‘Convent’ appearing between the words “international” and “Civil” and replace with ‘convention’ thus the paragraph read as ‘give effect to International Conventions and Treaties ratified by Kenya that promote public participation including but not limited to the International Convention on Civil and Political Rights;

PART II – CIVIC EDUCATION AND PUBLIC PARTICIPATION

  1. clause 5 Paragraph (b) (ii) add ‘Department of Civic Education and Public Participation and Office of the Clerk’ after the word “village” and delete the words ‘members of the staff’ thus the sub-section read as ‘Sub-county administrators, ward administrators, village administrator, Department of Civic Education and Public Participation and Office of Clerk to foster civic education and community participation.

  1. Clause 6 Sub-clause (1) (a) insert the words ‘of County Government Act’ in between the words ‘Section 26’ and ‘village units’ and delete the words ‘respective County’ appearing after the words ‘Assembly of the’ and substitute the letter ‘a’ appearing in between “as” and “Count” with ‘the’ thus the sub-clause read as ‘decentralized structures for participation in terms of the sub-counties equivalent to the constituencies within the county established under Article 89 of the Constitution, the Wards within the county established under Article 89 of the Constitution and Section 26 of the County Government Act, village units in each county as may be determined by the county assembly of the urban areas and cities within the county established in accordance with the Urban Areas and Cities Act (No. 13 of 2011), and such other or further units as the county government may determine;

  2. Clause 6 Sub-clause 2 substitute the word ‘must’ appearing between “Assembly” and “establish” with ‘shall’ thus the clause read as ‘The county assembly shall establish appropriate mechanisms, processes and procedures for civic education and to enable the local community to participate in the affairs of the community, and for this purpose provide for-

  3. Clause 6 Sub-Clause 3 substitute the word ‘must’ appearing between “Assembly” and “ensure” with ‘shall’ thus the sub-clause read as ‘The county assembly shall ensure that the mechanisms, processes and procedures for civic education and citizen participation provide for engagement by the widest sections of the public, and these may include-

  4. Clause 7 (1) substitute the word ‘must’ appearing between “Assembly” and “take” with ‘shall’ thus it reads ‘When establishing mechanisms, processes and procedures in terms of Section 6(2) the county assembly shall take into account the special needs of-

  5. Clause 7 (2) delete the entire sub-clause and substitute thereof with the following ‘The county assembly may put in place measures to ensure that the county government and its entities promote affirmative action to ensure that minorities and marginalized groups’

PART III – PUBLIC COMMUNICATION

  1. Clause 8 (1) delete the entire sub-clause and substitute thereof with the following ‘Any information meant to be communicated to the public related to Civic Education and Public Participation shall concern”

  2. Clause 8 Paragraph (b) ‘substitute the word ‘Community’ appearing between the words “and” and “Participation” with ‘Public’ thus the paragraph reads ‘the matters with regard to which civic education and public participation is encouraged;

  3. Clause 8 Paragraph (c ) ‘substitute the word ‘Community’ appearing between the word “local” and “semi-colon” with ‘Public’ thus the paragraph reads as ‘the rights and duties of members of the local public; and

  4. Clause 8 Sub-clause 2 delete the words ‘an administrator must take into account’ and replace with ‘the following shall be taken into account’ thus the sub-clause reads ‘When communicating the information mentioned in subsection (1), ‘the following shall be taken into account’

  1. Clause 9 (1) delete the words ‘anything must’ and replace with ‘any information relating to Civic Education and Public Participation shall’ and substitute the words ‘local community appearing between “the” and “in” with ‘Public’. Also replace ‘must’ appearing between “it” and “be” with ‘may’ thus the clause reads as ‘Any information relating to civic education and public participation shall be notified by an administrator through the media to the Public in terms of this Act or any other applicable legislation, it may be done-

  2. Clause 9 paragraph (a) delete ‘the local newspaper of its area’ and replace with ‘newspaper(s) with national circulation’

  3. Clause 9 paragraph (b) replace the words newspaper or newspapers with ‘local newspaper(s)’ and replace ‘and’ appearing at the end of the paragraph with ‘or’ thus it reads ‘in the local newspaper(s) circulating in its area and determined by the county assembly as a newspaper of record; or

  4. Clause 9 (3) replace ‘must’ appearing between the words “that” and “be” with ‘shall’

Replace ‘Twenty one (21) days with ‘Seven (7) days’

Replace ‘must’ appearing between the words “legislation” and “be” with ‘shall’

Insert the following words ‘conspicuous public, including but not limited to’ in between “at” and “the” thus it reads as ‘A copy of every notice that shall be published at least seven days before the meeting in the County Gazette or the media in terms of this Act or any other applicable legislation and shall be displayed at conspicuous public place, including but not limited to the sub-county or ward or village offices.

  1. Clause 9 (5) delete the words ‘administrator invites local community’ and replace with ‘public is invited’

Delete all the words that appear after the word “Assembly” and replace with, ‘due consideration shall be given to the special and appropriate circumstances regarding accessibility, language and methodology in relation to people with disabilities, women, youth, minorities and other marginalize groups’

Thus the clause read as ‘When the public is invited to submit written comments or representations on any matter before the county assembly, due consideration shall be given to the special and appropriate circumstances regarding accessibility, language and methodology in relation to people with disabilities, women, youth, minorities and other marginalize groups’

  1. Clause 10 (1) substitute the word ‘when’ appearing at the beginning of the clause with ‘where’, delete the words ‘the administrator requires’ appearing between “requires” and “a” and substitute ‘community’ with ‘public’ thus the clause reads ‘Where a form to be completed by a member of the public;

  2. Clause 11 (1) replace ‘must’ with ‘shall’ thus the clause read as ‘The County shall’

  3. Clause 11 (1) (a) replace ‘establish’ appearing at the start of the paragraph with ‘create’ and delete the words ‘if the County decides that it is affordable’ thus the paragraph read as ‘create an official website; and’

PART IV–COORDINATION OF CIVIC EDUCATION AND PARTICIPATION

  1. Clause 12 (1) replace ‘or’ appearing after the words ‘department’ and ‘agency’ with ‘comma’ and ‘and’ thus reads as ‘Each county department ,agency and Committee of the County Assembly where applicable, shall’

  2. Clause 12 (1) (a) substitute the word ‘encourage’ appearing between “services” and “and” with ‘promote’ thus reads as ‘while developing legislation and policy or designing or implementing programs or delivering services, promote and engage the relevant stakeholders and the public;

  3. Clause 12 (1) (b) Substitute the word ‘continuously’ with ‘regularly’ thus the paragraph reads as ‘regularly report and communicate to the stakeholders and the public on the process, outcome and impact of policies, programs and services delivered;

  4. Clause 12 (2) delete ‘or’ appearing after the words “Department” and “agency” and replace with ‘comma’ and ‘and’ respectively thus it reads as ‘Each county department, agency and Committee of County Assembly shall develop and implement a stakeholder engagement plan.

  5. Clause 12 (6) insert ‘or the committee of the County Assembly’ after the word “agency” thus it reads as ‘A county Department or agency or the committee of county assembly may enter into public private partnership with any person for the purposes of effectively discharging a function under this Act;

  1. Clause 12 (8) (c ) substitute ‘continuous’ appearing between “ensure” and “and” with ‘regular’ thus the paragraph reads as ‘ensure regular and effective communication with the stakeholders.’

 

  1. Clause 12 (9) replace ‘or’ appearing after “Department” and “agency” with ‘,’ and ‘and’ respectively and insert the words ‘to the public’ in between the words “provide” and “all” thus the sub-clause reads as ‘Each county department, agency and Committee of the County Assembly shall provide to the public all applicable information, forms, documents, statistics and data through electronic system such as online system, websites and portal in a timely, efficient and in a usable manner in order to facilitate civic education and public participation.

  1. Clause 12 (10) delete the words ‘county residents’ appearing between “with” and “and” and replace with ‘public’ thus the sub-clause reads as ‘The Executive Member responsible for information, communication and technology shall ensure that the systems referred under subsection (1) facilitate interactive engagement with public and are comprehensive in terms of the information provided.

  2. Clause 12 (13) delete the words ‘notwithstanding section 1 and 2’ appearing at the start of the sub-clause, thus it reads as ‘a county department or agency or Committee of the Assembly shall use the most appropriate communication methods to publicize any process, forum or issue requiring public participation.

  3. Clause 12 (14) substitute ‘or’ appearing after “Department” and “agency” with ‘,’ and ‘and’ thus the sub-clause reads as ‘Each County department, agency and Committee of the Assembly shall prepare an annual report on public participation’

  4. County Executive Civic Education and Public Participation Advisory Committee :delete the sub heading and put as marginal note to replace all existing ones

  5. Clause 13(2) (c ) substitute the letter ‘the’ appearing between “by” and “forum” with ‘a’ thus the paragraph read as ‘one person representing professional bodies appointed by the Executive Member from among three persons recommended a forum of professional bodies in the county;’

  6. Clause 13(2) (n) insert the words ‘Civic Education and’ before the word ‘Public” thus the paragraph read as ‘the director of the department of Civic Education and public participation who shall be the secretary.’

  7. Clause 13 (4) delete the entire paragraph (b) and (c )

  8. Delete the entire clause 13(6)

  9. Department of Civic Education and Public Participation: delete the sub heading and make marginal note to replace all existing ones

  10. Delete the figure ‘1’ thus read as ‘14. There is established a department to be known as the Department of Civic Education and Public Participation which shall be an office in the county public service.

  11. Merge and compress clauses 15 to 25 to come up with new clauses 15,16 and 17 as follows:-

  12. (26). County Assembly Civic Education and Participation Office: delete sub heading and put as marginal note

  13. Clause 26(2) add the following words at the end of the sub-clause ‘and shall have necessary staff designated by the County Assembly Service Board’ thus the sub-clause read as ‘The Civic Education and Public Participation Office shall be headed by the Clerk to the Assembly and shall have necessary staff designated by the County Assembly Service Board’

  14. Clause 26(3)(f) delete the word ‘other’ appearing between “supporting” and “committees” thus the paragraph read as ‘facilitating and supporting Committees of the County Assembly to develop networks and partnerships with key stakeholders for the purposes of enhancing civic education and public participation;’

  15. Delete the entire sub-clause 4 of clause 26

  16. Delete the entire sub-clause 7 of clause 26

  17. Delete the entire clause 27

  18. The County Clerk – delete the sub-heading and put as marginal note and delete all the previous marginal appearing at the side of the clause

PART V – Civic Education and Public Participation Forums

  1. Civic Education Forums: Delete the sub-heading and add as marginal note to replace all the previous existing marginal notes

  2. Clause 29(1) delete paragraph ‘e’

  3. Citizen Participation Forums: Delete the sub-heading and add as marginal note to replace all the existing ones

  4. Clause 34 (1) delete paragraph ‘e’

PART VI – MISCELLANEOUS

  1. Delete the entire clause 47

  2. Clause 48 (3) (a) substitute the words ‘such other person as the County Executive may designate for that purpose’ with ‘Director as the case may be’ thus the paragraph read as ‘shall be addressed to the Clerk or Director as the case may be;’

SCHEDULES

  1. Clause 1 of the Second schedule: delete the words ‘County Government’ and replace thereof with ‘County Assembly’

  2. Delete the entire Third Schedule

ARRANGEMENT OF CLAUSES

PART 1 – PRELIMINARY

  1. Short title add the word “and commencement” thus it reads ‘ the short title and commencement’

PART IV – COORDINATION OF CIVIC EDUCATION AND PUBLIC PARTICIPATION

  1. Director of Civic Education and Public Participation replaced with ‘Functions of the Department’
  2. Oath or Affirmation of Director becomes ‘Director of the Department’
  3. Functions of the Department becomes ‘Annual reports, Accounts, Audits and Estimates’

Clause 18- 25 is deleted

  1. Clause 26 becomes clause 18

Clause 27 is further deleted

  1. Role of the Clerk of the County Assembly

PART V- CIVIC EDUCATION AND CITIZENS PARTICIPATION FORUMS

  1. Civic Education Forums
  2. County Civic Education Forums
  3. Sub-County Civic Education Forums
  4. Ward Civic Education Forums
  5. Village Civic Education Forums
  6. Citizen Participation Forums
  7. County Citizen Participation Forums
  8. Sub-County Citizen Forums
  9. Ward Citizen Forums
  10. Village Citizen Forums

PART VI – PETITIONS

30- Submitting Petitions.

31- Procedures for presenting Petitions.

32- Procedures for Investigation of Petition

33- Hearing of Petitions

34 – Publication of Decision on Petition

35- Register of Petition

36- Appeal against Petition Decision

PART VI – MISCELLENOUS

37- Duties and responsibilities of resident with interest in county affairs

38- Oversight over the Clerk

39- Administrators’ role in information publication

40- Publication of Clerk and Administrators addresses

41- Offences and penalties

42- Regulations

SCHEDULES

First Schedule: Guidelines for Public Participation

Second Schedule: Form of a Public Petition

Delete Third Schedule:

Memorandum of objects and reasons