Kenya

The Kenyan Constitution of 2010 remains as the superior law that introduced devolution that enabled trickled down power and resources to locally devolved units, counties. The subsequent supporting legislations such as the County Government Act (2012), the Public Finance Management Act (2012), Urban Areas and Cities Act, Access to Information Act (2016) support Participatory Budgeting and regulate its implementation.

At the county level, each county has county specific Public Participation laws that have been enacted and are currently being implemented to support PB. To operationalize its public participation and civic education policy, Makueni County has developed the Public Management Committees (PMC) Guidelines that provide a basis of the community’s role in the county’s participatory development process and for effective communitybased monitoring and evaluation as well as ownership and sustainability of projects. The county has also adopted a ten-stage PB model.

The Elgeyo Marakwet County Equitable Development Act 2015 also supports PB.

The Delegates System implemented in these counties is a desirable remedy to poor representation of special interest groups and that will widen civic engagement space by expanding opportunities for participation and, enhance access to information, feedback mechanisms and complaints management for special interest groups.

The Embu Open Governance Digital Platform is an online platform that was adopted by the County Government of Embu in 2019. The interactive online platform aims to promote access to information as well as create an interactive and feedback mechanism for engagement between the county government and its citizenry

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1. PB have been suspended: 70%
2. PB continued to function normally: 10% 
3. PB have undergone changes/adaptations: 20%

PB has greatly been affected by the pandemic. This has forced some counties and citizens to convene via online platforms (Kajiado and Embu Counties). Though to a small part this has been successful, to a larger extent there has been challenges, especially meaning that the non-technosavvy (including those with no internet access) population was left out. This also opened an opportunity for the ruling class to manipulate the outcome of the online PB processes.

Some counties held a number of levels of the PB Process while others were forgone (Makueni County). 

Elgeyo Marakwet County was not greatly affected since they place much priority to development of the Annual Development Plan (ADP), which is normally undertaken in August (meaning for the Financial Year 2020/2021, they conducted the forums in August 2019 before Covid-19).

In 2013, devolution was introduced in Kenya after the promulgation of the Constitution in 2010. This paved a way for decentralization of resources in key departments from the Central/National Government. Kenya has 47 devolved units called Counties that have different levels of administrative units, with the lowest unit being the village. Several counties have embraced PB.

As per the PFM (2012) Act, it is expected that each county allocates not less than 30 percent of a county’s resources to development. Part of this 30% (or more) is allocated to flagship projects (projects that cut across various wards and that were part of the Governor’s (County President) manifesto while campaigning for the post) with the rest is determined via PB. Thus, counties agree on the percentage that is determined through PB.

PB has been successful in these counties however corruption still rears its ugly head. Citizens and grassroot-based networks have been very instrumental in demanding for social accountability and transparency through petitions, picketing and even instituting Public Interest Litigation suits against county governments. Citizens have also self-organized to form interest group movements, citizen assemblies, Voluntary Oversight forums. In instances where citizens are organized and have an amplified voice to demand for social accountability.

Lack of access to adequate information is also another hindrance to PB and adequate participation of citizens as well as apathy in instances where the PB process starts in high gear but county officials curtail the process in the end thus citizens feeling that the whole process is a rubber-stamping exercise. 

Citizen organizing, movement building, civic/political education, responsive governments, political will, addressing systemic corruption, timely availability of information and data is key in making PB a success in Kenya among other factors.