National Legislation and Public Participation in Informal Settlements in Nairobi

• In Event: Participation and Urban Policy: Case Studies from around the World

Abstract

This paper examines how political institutions influence democratic outcomes in informal settlements. Through the lens of the political settlements framework, we highlight how the non-formulation of legislation affects the implementation of policy. The promulgation of the Kenyan constitution of 2010 was a watershed moment. It served as an avenue for the incorporation of second-generation rights such as the right to healthcare, housing and participation. The ceding and sharing of functions, responsibilities and revenues between the two new levels of government through devolution was the way in which government was ‘brought’ closer to the people. The county government now had the mandate to prioritise development goals important to its area of jurisdiction. In this paper we discuss how the delay in passing the Public Participation Bill (2023) has affected participatory democracy for the urban poor. The Bill is a result of public participation in the counties. It is meant to give effect to the principles of public participation and participatory democracy as enshrined in the Constitution of Kenya (2010) in Articles 1,10,35,69,118,174,184,196,201 and 232. We argue that the lack of an overarching law clearly articulating what participation is, severely hampers its practice particularly for marginalised communities living in urban informal settlements.

Author

• Ruth Nafula MURUMBA, MOI UNIVERSITY