by Inuka Kenya | Nov 15, 2024 | Press Statements, Stories
15 November 2024
To: Hon. Attorney General,
Office of the Attorney General and Department of Justice,
P.O Box 40112-00100, NAIROBI
From: Inuka Kenya Ni Sisi! Ltd.
Subject: Memorandum on the Public Participation Bill 2024
Introduction.
Inuka Kenya Ni Sisi! is a Kenyan grassroots social movement organization founded in 2009. Our organization facilitates the consolidation of a Kenyan identity that affirms the individual as an African and global citizen and empowers Kenyans to use information, express their views and importantly, take initiative aimed at improving their lives and holding governments accountable.
Public participation is a cornerstone of good governance and is enshrined in the Constitution of Kenya, 2010. It ensures that citizens exercise their sovereign power (Article 1) directly or indirectly in decision-making processes. The County Governments Act, emphasizes inclusivity, transparency, and access to information (Section 87). The Act mandates establishing participation platforms (Section 91) and requires citizen involvement in county planning and budgeting (Section 115) to align development priorities with public needs.
This memorandum seeks to highlight critical gaps in the current framework for public participation and to propose actionable recommendations to strengthen the Public Participation Bill 2024. By addressing these issues, the Bill will institutionalize inclusive, transparent, and impactful citizen engagement in governance processes.
The Public Participation Bill faces criticism for perpetuating the tokenization of citizens, reducing public engagement to a procedural formality rather than a meaningful process. This is exemplified in the landmark case of Robert N. Gakuru & Others v. Governor Kiambu County & 3 Others [2014], where the court emphasized that public participation must be substantive and not a cosmetic exercise. The court established that effective participation requires inclusivity, adequate information, and sufficient time for engagement. Without clear thresholds and accountability mechanisms, the Bill risks entrenching superficial practices rather than fostering genuine citizen involvement.
This Memorandum therefore incorporates the views of the Inuka Kenya Ni Sisi! Ltd as stated below :
Key Constitutional Provisions Guiding Public Participation
- Article 1: Sovereignty of the People
All sovereign power belongs to the people, exercised through their elected representatives or directly. Public participation operationalizes this principle by ensuring citizens actively shape governance decisions.
- Article 10: National Values and Principles of Governance
Public participation is explicitly recognized as a core national value. Inclusivity, transparency, and accountability must inform all state processes and policies.
- Article 35: Right to Access Information
For participation to be meaningful, citizens must have timely access to accurate and relevant information. This clause obligates public institutions to facilitate transparency.
- Article 69: Environmental Obligations
This clause mandates citizen engagement in environmental governance to ensure sustainability and equity in resource management.
- Article 118 & Article 196: Public Access to Legislative Processes
These clauses require both Parliament and county assemblies to provide opportunities for public input in legislative and policy formulation processes.
- Article 174: Objectives of Devolution
Devolution aims to enhance self-governance by empowering citizens to participate in decision-making at the local level, ensuring equitable development.
- Article 232: Values of Public Service
Public participation is a guiding principle for responsive, accountable, and citizen-centred service delivery.
Key Issues and Gaps Identified
- Undefined Threshold for Public Participation
Current practices lack clarity on what constitutes sufficient public engagement. This results in tokenism or superficial consultations, undermining the spirit of the Constitution.
- Absence of Standardized Frameworks
National and county governments lack standardized guidelines for implementing public participation, leading to inconsistencies in its quality and inclusivity.
- Lack of Civic Education
Citizens often lack awareness of their rights to participate and the processes involved, limiting meaningful engagement and disadvantaged marginalized groups.
- Minimal Collaboration with Non-State Actors
Civil society, the private sector, and community-based organizations are underutilized in facilitating effective participation.
- Weak Feedback Mechanisms
There are no clear obligations for public bodies to demonstrate how public input has influenced decisions, creating frustration and disengagement among citizens.
- Inadequate Enforcement Mechanisms
Public participation is often treated as a mere formality due to a lack of penalties for non-compliance.
- Barriers to Accessibility
Geographic, linguistic, technological, and socio-economic factors often exclude vulnerable groups, such as women, youth, persons with disabilities, and remote communities.
- Public Participation Time Frame
The Public Participation Bill fails to specify a timeframe between sharing documents and starting public participation, limiting stakeholders’ ability to review and provide meaningful input. This undermines transparency and inclusivity in the process.
Proposed Recommendations
1. Defining the Threshold for Public Participation
Recommendation:
- The Bill should define a minimum threshold for public participation based on:
- Number and diversity of participants engaged.
- Representativeness of stakeholder groups.
- Level of information dissemination before the consultation.
- Guidelines should mandate early and continuous engagement to avoid rushed processes that alienate citizens.
2. Standardized Frameworks for Implementation
Recommendation:
- Develop standardized public participation guidelines applicable across all government levels. These should include:
- Detailed timelines for consultation phases.
- Tools for stakeholder mapping and engagement.
- Evaluation metrics for measuring the effectiveness of public participation processes.
3. Mandatory Civic Education
Recommendation:
- Incorporate a legal requirement for civic education to raise public awareness of rights, roles, and opportunities for participation.
- Allocate budgetary resources to national and county governments for public awareness campaigns in local languages and culturally relevant formats.
4. Collaboration with Non-State Actors
Recommendation:
- Include provisions that encourage partnerships with NGOs, religious institutions, academia, and private sector players to facilitate participatory processes, particularly in hard-to-reach areas.
5. Establish Feedback and Accountability Mechanisms
Recommendation:
- Require government agencies to publish reports after public engagement sessions, outlining:
- Feedback received.
- Justifications for adopting or rejecting input.
- The impact of public input on the final decisions.
- Establish independent oversight bodies to audit compliance.
6. Enforcing Compliance
Recommendation:
- Introduce penalties for agencies that fail to meet participation standards, such as withholding budget allocations or issuing fines.
- Citizens should be allowed to petition courts or oversight institutions to compel non-compliant agencies to facilitate public engagement.
7. Ensuring Inclusivity and Accessibility
Recommendation:
- Require all public participation initiatives to include special measures for marginalized groups (e.g., tailored outreach, sign language interpretation, transport subsidies for participants from remote areas).
- Promote the use of technology, including mobile apps, webinars, and SMS-based surveys, to broaden access.
8. Public Participation Time Frame
Recommendation:
- The Bill should require a minimum 14-to-21 days time frame between document dissemination and public participation to ensure informed contributions. Exceptions for urgent matters must be clearly defined and justified in writing.
Conclusion
The Public Participation Bill 2024 offers a unique opportunity to institutionalize and strengthen mechanisms for meaningful citizen engagement in governance processes. By addressing the gaps identified and adopting the recommendations proposed in this memorandum, the Bill will not only fulfil constitutional obligations but also foster trust, inclusivity, and accountability in governance.
We urge Parliament to adopt these proposals to ensure the Bill sets a strong foundation for public participation that is inclusive, impactful, and sustainable.
Signed,
Kawive, Wambua – PhD
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by Inuka Kenya | Sep 23, 2024 | Articles, Stories
September is a time for reflection. For some, it’s the month summer ends and routines return. But for others, like me, it’s a month that carries a heavier meaning – it’s Suicide Awareness Month, a period dedicated to shedding light on the quiet battles many face, often in silence. It’s a time for remembering, for healing, and most importantly, for action.
It wasn’t always like this for me. There was a time when I, too, was unaware of the significance of this month. Until five years ago, when I lost my dear friend, Sam. Sam wasn’t just a friend – he was the guy who could light up any room with his laugh, the one who always had the wildest stories, and the best advice. He was the kind of person who seemed invincible.
But beneath the surface, Sam was drowning. I didn’t know that his laughter masked a deeper struggle. We all missed it. We all thought he was “just having a bad day” when he started to withdraw. We didn’t see the signs until it was too late. I’ll never forget that morning when I got the call. Sam had taken his life the night before.
At that moment, my world collapsed. I had so many questions. Why didn’t I see it? Why didn’t I ask more? I had no answers, only an overwhelming wave of guilt and sadness.
Since Sam’s death, September has taken on a new significance for me. I’ve learned that suicide doesn’t happen in isolation, and neither does the path to recovery for those contemplating it. There are small, seemingly insignificant moments that can change the course of someone’s life. And that’s what Suicide Awareness Month is all about—finding those moments, acting on them, and creating hope.
Understanding the Silent Struggle
Many of us don’t recognize that those struggling with suicidal thoughts may not show obvious signs. The struggle can be silent. It’s often hidden behind a smile, a joke, or an “I’m fine” response. But, in reality, the internal pain can be unbearable.
People who are battling suicidal thoughts often feel trapped in a dark tunnel, unable to see a way out. The weight of the world feels like it’s pressing down on them, suffocating them. And while it may seem hopeless from the outside, hope is always there. It might be dim, but it’s real. And our actions, even the smallest ones, can be the light someone needs to hold on to.
What to Do If You’re Feeling Suicidal
If you’re the one in pain, feeling like there’s no way out, I want you to know this: you are not alone. There are people who care about you, even when it doesn’t feel that way. Here are some steps that might help when the weight feels unbearable:
- Talk to Someone You Trust: It’s hard, but opening up to a friend, family member, or even a helpline can help you feel less alone. You deserve to be heard.
- Seek Professional Help: Therapists, counselors, and support groups exist for a reason. They are trained to help people navigate through the darkness.
- Avoid Isolation:It might feel tempting to withdraw, but being around others, even if you don’t engage much, can help keep those dark thoughts at bay.
- Create a Safety Plan:Identify triggers and have a list of people to call when things get overwhelming. Sometimes having a plan can give you a sense of control.
- Remember That This Feeling is Temporary:It’s hard to believe in the moment, but suicidal thoughts do pass. The pain you’re feeling now won’t last forever.
Steps to Help Someone Who May Be Struggling
If you’ve noticed someone close to you showing signs of withdrawal, hopelessness, or even recklessness, it’s crucial to act. Here’s how you can help:
- Reach Out:It’s as simple as starting a conversation. Ask how they’re doing—**really** doing. Sometimes, just knowing someone cares enough to ask can be the first step toward healing.
- Listen Without Judgment:When they open up, let them talk. Don’t interrupt, don’t offer immediate solutions, just listen. Sometimes, what people need most is someone who hears their pain.
- Offer Support: Whether it’s helping them seek professional help, going with them to therapy, or even just checking in regularly, be there for them. You don’t have to have all the answers; your presence alone can make a difference.
- Encourage Professional Help: While your support is invaluable, professionals are equipped to offer the therapy and care needed. Encourage them to seek help from a counselor or psychologist, or to call a helpline if needed.
- Create a Safe Space: Make sure they know they’re not a burden. Let them know they’re loved and supported unconditionally.
Together, we can make sure that hope always finds a way. If you or someone you know is struggling, please don’t hesitate to reach out to a mental health professional or a local helpline. Your life is worth fighting for.
by Inuka Kenya | Sep 19, 2024 | Press Statements, Stories
FOR IMMEDIATE PRESS RELEASE
MOMBASA, Kenya, September 19th, 2024 – State of Civic Space Under Siege
As we come to the close of the 4th Civic Space Protection Summit, we wish to express our disappointment over the current state of civic space in Kenya which is still troubling even as Kenya joined the other countries in the celebrations of International Day of Democracy on the 15th of September 2024. The state has, over the past 24 months, demonstrated that they have no regard for the Constitution, Independent oversight bodies and the civil society.
Defiance of court orders and people’s wishes by the state senior state officials continue to be one of the key challenges to advancement of civil liberties in the country. We condemn this culture of impunity and expect the Acting IG Masengeli will lead by example by obeying the court order and present himself to the Commissioner General of Prisons to begin serving his 6-month sentence. Failure to do so, Kenyans will expect the Interior Cabinet Secretary to initiate steps to have him committed. We would like to remind the government that the primary reason for court summons against the Acting IG is to ensure that the Kitengela 3 are produced in court -we still demand their immediate unconditional release. Should the CS fail to initiate the steps, we urge the public to initiate citizens’ arrest against Masengeli.
The right to peaceful protest, enshrined in Article 37 of our Constitution, remains under severe attack. As recent events such as the #RejectFinanceBill2024 protests have shown, extrajudicial killings, arbitrary arrests, and abductions by state actors have become far too common. We are reaffirming our stance that these violations must end. We will continue to hold security agencies accountable for their actions and demand justice for those whose rights have been violated. The Assemblies and Demonstrations Bill of 2024 which is on the floor of the National Assembly is one of the indications that the state has no intention of implementing the Constitution. Over sixty civil society leaders and human rights defenders have lost their lives over the past two years. The courage of those who have sacrificed their lives, freedoms, and livelihoods in defense of justice, equality, and human dignity. We demand the suspension and interdiction of the police officers involved in these criminal acts and continued harassment and abductions. We further condemn the police actions against Trever Mathege Mureithi, a first year student at Multimedia University who was severely injured and had teargas canister lobbed at him at close range. He is currently admitted to a medical facility in critical condition. The use of such lethal crowd control weapons by the NPS has been normalized despite a court order banning their use.
Despite the robust framework on public participation under the Constitution, we continue to witness deliberate and negligently abdication of its duty to engage the public in the development process especially those that have negative consequences on taxpayers. As such, over the past months, we have witnessed erosion of fiscal accountability, observing how mismanagement of public resources directly impacts human rights. The last two years have shown us that authoritarian leadership, coupled with corruption, is not just a fiscal issue but a human rights one. The mismanagement of public funds, widespread corruption, and the intimidation of oversight institutions not only violate our right to transparent governance but also limit the government’s ability to provide essential services to its citizens. The recent case of Adani procurement is a classic example of states deliberate effort to subvert the constitution to the benefit of a few. We want to call for stronger independent institutions, greater accountability, and an end to the misuse of state agencies to suppress dissent.
Kenya has one of the most vibrant digital activism in the globe. However, while the young people have embraced this space, the state has continued to use repressive tactics and administrative actions to suppress freedoms. State surveillance that leads to abduction and cyber bullying and propaganda has led to self-censorship. We stand firm in our commitment to defend digital rights and ensure that the internet remains a space for free expression, advocacy, and civic engagement.
We wish to end by reaffirming our strong position in its mission to protect, promote, and expand civic space in Kenya. The road ahead may be tough, but we are resilient. Our democracy depends on it.
Thank You.
Signed by:
by Inuka Kenya | Aug 27, 2024 | Articles, Stories
On August 27, 2010, a historic moment unfolded in Kenya as the 2010 Constitution was publicly promulgated at the iconic Uhuru Park. This event marked a significant milestone in the country’s long struggle for democracy, which spanned from the pre-independence era through the fight against dictatorship and authoritarianism. The journey to this new constitution was not just a legal endeavour; it was a testament to the resilience and aspirations of the Kenyan people.
A Legacy of Struggle
The road to the 2010 Constitution was paved with challenges and sacrifices. The previous constitution had been amended over 20 times, often in ways that undermined the very principles of democracy and justice. It was a pale reflection of the hopes that the Kenyan delegation had envisioned during the Lancaster Conferences in London in the early 1960s. The 2010 Constitution aimed to rectify these historical injustices and lay a solid foundation for a democratic Kenya.
The Promise of the 2010 Constitution
The 2010 Constitution introduced transformative changes that have greatly benefited the people of Kenya. Key features include:
- Devolution of Power: The establishment of county governments has brought governance closer to the people, allowing for more localized decision-making and resource allocation.
- Bill of Rights: The Constitution enshrines fundamental rights and freedoms, ensuring every Kenyan has access to justice and equality before the law.
- Gender Equality: It mandates the inclusion of women in political and public life, promoting gender equity and representation.
- Public Participation: The Constitution emphasizes the importance of citizen engagement in governance, ensuring that the voices of all Kenyans are heard.
These provisions have empowered citizens, fostering a sense of ownership and responsibility in the democratic process.
The Role of Gen Z
As we celebrate the 14th anniversary of the 2010 Constitution, we must acknowledge the emerging force of Generation Z. Born between 1997 and 2012, this digital-savvy generation has become a powerful catalyst for change. While many members may lack direct memory of the events leading to the new constitution, their engagement with technology has allowed them to mobilize, organize, and advocate for their rights effectively.
Gen Z has demonstrated a commitment to upholding the Constitution, as outlined in Article 3, which emphasizes the duty of every citizen to defend it. Their collective voice reminds them that the quest for justice and equality is ongoing, and they are determined to hold leaders accountable.
Adherence to the Constitution
However, the question remains: have our leaders adhered to the tenets of the 2010 Constitution? While the Constitution has provided a framework for governance, the reality is that many challenges persist. Issues such as corruption, political patronage, and violations of human rights continue to undermine the spirit of the Constitution.
Despite these hurdles, the resilience of the Kenyan people, particularly the youth, shines through. They are not just passive observers; they are active participants in shaping the future of the nation. Through social media campaigns, protests, and grassroots movements, Gen Z is pushing for accountability and transparency from their leaders.
Looking Ahead
As we reflect on the past 14 years, it is clear that the journey of the 2010 Constitution is far from over. The aspirations that fueled its creation remain alive, and the responsibility to uphold these ideals lies with all Kenyans, especially the youth.
The future destiny of Kenya indeed rests in the bodies, minds, and souls of Gen Z. Their energy, creativity, and determination are vital in ensuring that the promises of the Constitution are realized. As we commemorate this landmark anniversary, let us commit to working together to build a Kenya that truly reflects the values enshrined in the 2010 Constitution—a Kenya where justice, equality, and democracy thrive for all.
In the words of the Constitution, let us stand together to defend and uphold the rights and freedoms that are the birthright of every Kenyan. The journey continues, and the best is yet to come.
by Inuka Kenya | Aug 22, 2024 | Opportunities
RE-ADVERTISED
About Inuka Kenya Ni Sisi
Inuka Kenya Ni Sisi! Is a Kenyan grassroots social movement organization founded in 2009 and registered/incorporated as a Company Limited by Guarantee in 2012. It envisions a peaceful, united and well-governed Kenya with equal economic and social opportunity for all citizens. The organization exists to empower Kenyan citizens to improve their lives and demand good governance as a means to achieve socio-economic growth and equality of opportunity among all Kenyans. It aims to curate a social movement (the Ni Sisi! Movement) that will seek to unite Kenyans to forge a collective identity, drive transformation in leadership and improve maisha — wellbeing — for all Kenyans. To this end, Inuka supports community groups/organizations and collaborates with initiatives at the local, national and regional level to build capacity and linkages for effective collective action. Inuka Kenya Ni Sisi! philosophy is underpinned by the concept of “dignity before development” — each individual’s inherent dignity must be upheld at all levels of interaction.
Inuka Kenya has developed three strategic objectives which, together, will form the basis upon which citizens at the local level will find their efforts to take charge of their citizenship and governance processes. As such, the three objectives are the key pillars that will support the creation of a Ni Sisi! Social movement. These three objectives are:
- Restructure the Public Sphere: To create and curate narratives that seek to restructure the Kenyan public sphere using knowledge platforms, technology products and engaging civic actors and institutions within a framework of Utu.
- Enhance Individual Agency, Dignity and Livelihoods: To harness a collective positive and resilient identity in order to build, protect, restore and ensure human dignity for all.
- Transition to a National Social Movement: To transition from a Civil Society Organization, through partnerships, collaboration and membership development, to a national social movement of active citizens who hold governments to account.
Background and Purpose
The purpose of this research is to document the struggles, resilience, and contributions of heroines in Kenya, Tanzania, and Uganda. The focus will be on women who have made significant impacts in various fields such as social justice, human rights, community development, education, and healthcare. This documentation will highlight their challenges, triumphs, and the socio-cultural and political environments in which they operate.
Objectives of the study
Recognising the role played by various unsung and underrated heroines of the justice and liberation movements in Kenya, Uganda and Tanzania, the project seeks to produce documentaries unveiling the compelling narratives of unsung women human activists.
- To map out the heroines and their liberation struggles in the three countries.
- To memorialize the courage, dedication, commitment and solidarity of various women personalities in justice and liberation movements.
- To shed light on the resilience of women who dared to challenge oppression in Kenya, Uganda and Tanzania
- To document the role of various women personalities for the current and future generation.
Scope of Work
- Literature Review: Conduct a comprehensive review of existing literature on women’s struggles and contributions in East Africa, focusing on Kenya, Tanzania, and Uganda.
- Field Research: conduct interviews and gather firsthand accounts from the heroines, their families, community members, and other stakeholders.
- Data Collection: Utilize a mixed-method approach, including qualitative interviews, focus group discussions, and case studies, to gather detailed information on the struggles, achievements, and impacts of the identified heroines.
- Documentation: Compile and document the stories of selected heroines, ensuring a diverse representation of backgrounds, fields of work, and geographical locations.
- Analysis: Analyze the collected data to identify common themes, challenges, and strategies used by these women, and how these reflect the broader socio-cultural and political contexts of the region.
Methodology
- Qualitative Research: Employ qualitative research methods, including in-depth interviews, narrative analysis, and ethnographic approaches, to capture the nuanced experiences of the heroines.
- Participatory Approach: Engage the heroines and their communities in the research process to ensure that their voices and perspectives are accurately represented.
- Triangulation: Cross-reference data from multiple sources (e.g., interviews, literature, archival records) to ensure the reliability and validity of findings.
- Ethical Considerations: Adhere to ethical research standards, including obtaining informed consent, ensuring confidentiality, and respecting the dignity and autonomy of all participants.
Deliverables/Expected outputs
The consultant will work closely with Inuka staff to refine the proposed scope of work prior to the commencement of the assignment.
Key outputs will include the following:
- Develop a preliminary audio-visual and script on the struggles and liberation of the unsung heroines.
- Provide a detailed work plan clearly showing the information gathering, planning, design, development, testing and delivery of the assignment
- Provide detailed documentation of the heroines in Kenya, Tanzania and Uganda.
- Develop a script and audio-visual documentary for each of the heroines for dissemination.
Caveat: All the materials, information and reports as an output of the assignment shall be the property of Inuka and the Consultant is bound by Inuka’s confidentiality requirements.
Work Plan and Time Schedule
The assignment will commence on January 13th, 2025 and be completed and a final report submitted by April 11th, 2025
Consultant’s Profile
Inuka seeks to engage the services of qualified and experienced individual consultants/consultancy firms to undertake the work:
Qualifications & Experience
The consultants/consultant firms must have the following qualifications and experience:
- Experience in working in Kenya, Uganda and Tanzania and thorough knowledge of the struggle and liberation history.
- Strong understanding of gender issues, women’s rights, and socio-cultural and political dynamics in Kenya, Tanzania, and Uganda.
- Excellent writing and communication skills, with the ability to present complex information clearly and effectively.
- Fluency in English and proficiency in local languages spoken in the research areas is an advantage.
- Awareness of copyright laws, consent, and ethical standards in documentary filmmaking.
- An eye for detail and a creative vision to guide the documentary’s visual style, tone, and overall aesthetic.
- The ability to craft a compelling narrative that effectively conveys the intended message, with a strong understanding of structure, pacing, and audience engagement.
Individuals / Organizations are invited to apply by submitting the following documents.
- Reference materials of previous assignments done.
- Curriculum Vitae of the individual(s) that will undertake the assignment.
- Proposed methodology and timeliness for the assignment.
- A budget quotation for the costs of the assignment.
Budget and Logistics
The consultant shall submit the proposed budget with broken down costs for particular items, for the assignment, including breakdown and justification.
Submission of proposals /EOI
Based on the above, Inuka is inviting interested parties to submit expressions of interest. Individuals or firms applying shall detail the following:
- Consultants’ profile and Capability Statement describing the technical capacity and experience of the firm or group of individuals
- Names and resumes of the individual(s) or team members proposed and their roles in the achievement of the assignment
- Testimonials and sample reports of similar assignments taken in the recent past
- Technical Proposal interpretation of the Terms of Reference (TORs)
- Financial Proposal demonstrating the costs of the consultancy
- Detailed implementation plan and time frames.
The proposal shall be sent, in soft, to the following emails: procurement@inukakenya.com and copy kenya@eawellnesshub.org
Previous applicants do not need to reapply.
The deadline for submission is November 27th, 2024. Only shortlisted candidates will be contacted.
