Action Guide On Youth Engagement in Public Policy-Making &amp Promotion of Accountability

ACTION GUIDE ON YOUTH ENGAGEMENT IN PUBLIC POLICY MAKING AND THE PROMOTION OF ACCOUNTABILITY
O N YO U T H E N G AG E M E N T I N P U B L I C P O L I C Y MAKING AND THE PROMOTION OF ACCOUNTABILITY OUNTABILITY
ACTION GUIDE
O N YO U T H E N G A G E M E N T I N P U B L I C P O L I C Y MAKING AND THE PROMOTION OF ACCOUNTABILITY
ACTION GUIDE
Published By: Africa Youth Trust Kileleshwa, Off Laikipia road P. O. Box 7192-00100 Nairobi, Kenya Telephone: +254 20 20 222 69 Mobile: +254 713 709 985 Email: info@africayouthtrust.org Website: www.africayouthtrust.org Copyright (c) 2010, Africa Youth Trust ISBN: 9966-05-283-6 Permission to Reproduce This material may be used, reproduced, stored or transmitted for non commercial purposes. However, copyright of the Africa Youth Trust is to be acknowledged. It is not to be used, reproduced, stored or transmitted for commercial purposes without the written consent from the Africa Youth Trust.
PREFACE
e at Africa Youth Trust (AYT) recognize the need to promote a youth-focused and Youth friendly engagement strategy in policy making and the promotion of public accountability. It is our belief that through holistic youth participation in policy making that we can ensure that Kenyas laws and policies are responsive to the needs and aspirations of the youth. AYT offers evidence based policy analysis through policy briefs, guidebooks, and policy related commentary to the youth, development organizations, private sector, parliament, government and regional economic communities (RECs). AYT has formed national and regional networks of youth action partners with whom we work with to advance their advocacy agenda and offer a bottom up approach towards development from grassroots to national level to regional level. Through its engagement, AYT has created mechanisms of harnessing the input of youth into the law and policy-making process in Kenya with the aim of ensuring youth responsive policies and laws are developed and passed in Kenya. We recognize that todays policy challenges often require citizen action to achieve the public interest and that by encouraging more citizens to participate in the development of the policies that affect their day-to-day lives, governments can foster greater interest in public policy and a greater sense of responsibility for our countrys future. By recognizing the publics growing desire to become involved, the democratic process will be strengthened and reinvigorated. To be successful in addressing government issues, especially where the challenges are complex and longstanding, substantial involvement of the people and communities affected is required AYTs efforts are aimed at significantly enhancing youth participation in development as a right and as a measure of democratic involvement. Indeed according to the UN Declaration on the Right to Development, such participation must be active, free and meaningful. Mere formal or ceremonial contacts between the youth and formal decision makers is not sufficient. Indeed, it is our expectation that this Action Guide will facilitate holistic youth participation as opposed to tokenistic engagement. This Action Guide on Youth Engagement In Public Policy Making And The Promotion Of Accountability seeks to equip Kenyas youth with the necessary knowledge and information about the tenets and process of policy making and accountability promotion to enable them to become informed and engaged civic actors for a better nation. We hope that through applying the Guide, the youth will play a greater role in shaping a present and future society that adheres to integrity, fairness and justice for all. Nahum Okwiya
Executive Director Africa Youth Trust
CONTENTs
ABOUT AFRICA YOUTH TRUsT ABOUT THE INTERNATIONAL YOUTH FOUNDATION (IYF) ACRONYMs AND ABBREVIATION 5 6 7
ACKNOwLEDGEMENTs 8 A. INTRODUCTION 9 B. TENETs OF PUBLIC POLICY 10

The Nature and Meaning of Public Policy 10 Selected Models of Public Policy 11 Policy-making: How Policies are made 15
C. THE ROLE OF THE YOUTH IN INFLUENCING PUBLIC POLICY IN KENYA
1. Introduction 17 2. General Avenues for influencing public Policies 18 3. How Youth Can Engage in Public Policy making 20
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D. THE ROLE OF THE YOUTH IN ENHANCING PUBLIC ACCOUNTABILITY IN KENYA21

1. The Nature of Public Accountability 21 2. Accountability Mechanisms 22
E. CONCLUsION29 F. GLOssARY 30
G. REFERENCEs 32
ABOUT AFRICA YOUTH TRUsT

1. History and Purpose
The Africa Youth Trust (AYT) is an independent, nonpartisan, youth-serving, development and advocacy organization. Founded in 2005, AYT is one of Kenyas youth voices in public policy debates and seeks to guide youth energies and enthusiasm towards peace, equity, and prosperity within and across communities with a vision of becoming a pan African organization. AYT was created specifically to spearhead a Youth Led Development model in Kenya with a view to replication in other African Countries.
4. Our Philosophy
Youth are essential agents and creators of change in society. Youth are capable of being at the forefront of effecting change for the good of all in society. Every youth deserves a chance to actively participate in development
5. Our Values
Integrity. Accountability and Transparency. Commitment and Excellence. Non-discrimination on the basis of gender, race, religion, culture, disability, and health status.
2. Vision
A developed and well governed Africa drawing on the energies of all her children.
3. Mission statement
We exist to harness the productive energies of youth towards peace, equity and prosperity within and across communities in Africa.
ABOUT THE INTERNATIONAL YOUTH FOUNDATION (IYF)

he International Youth Foundation (IYF) invests in the extraordinary potential of young people. Founded in 1990, IYF builds and maintains a worldwide community of businesses, governments, and civil-society organizations committed to empowering youth to be healthy, productive, and engaged citizens. IYF programs are catalysts of change that help young people obtain a quality education, gain employability skills, make healthy choices, and improve their communities. To learn more, visit www.iyfnet.org.
Joseph Kimani Njuguna-IYF YouthActionNet Global Fellow
About the starbucksTM shared PlanetTM Youth Action Grants Program
The StarbucksTM Shared PlanetTM Youth Action Grants program helps young people realize their natural potential to reinvent their local communities. The program is the primary vehicle through which The Starbucks Foundation invests in communities globally as part of the Starbucks Shared Planet commitment to communities. Since launching the grants program in 2007, more than $1.5 million has been invested in youth-led initiatives around the world. The program is integral to the company achieving its goal by 2015 of engaging 50,000 young social entrepreneurs to innovate and take action in their communities. For more information, please visit www.starbucksfoundation.com/sef. The Africa Youth Trust Improved Legislation and Public Accountability in Kenya project is among 20 youth-led projects to receive a 2009 grant award through the StarbucksTM Shared PlanetTM Youth Action Grants program. The Africa Youth Trust Improved Legislation and Public Accountability in Kenya project was chosen through a competition established in early 2008 by the International Youth Foundation (IYF) and Starbucks in order to make grants available to young leaders who have completed IYFs YouthActionNet Global Fellowship. The Fellowship program seeks to develop a new generation of young socially conscious global citizens who create positive change in their communities, their countries, and the world. To learn more about the StarbucksTM Shared PlanetTM Youth Action Grants program, visit www.starbucksfoundation.com/sef. Joseph Kimani is a fellow of the YouthActionNet having been recognized for his role in making positive change through his work. Josephs work led to his recognition as one of 20 outstanding global young leaders and social entrepreneurs in which he was honoured by the International Youth Foundation by receiving the December 2003 global Youth Action Net Award. Joseph is a passionate advocate of social empowerment and justice working in the field of promoting democracy, human rights, good governance, peace, and leadership. Mr. Kimani serves as Deputy Executive Director of the Africa Youth Trust. Joseph is driven by his firm belief that the youth are indeed positive agents of peace and change who ought to be nurtured early in life and given the chance to unleash their great potential for the good of society and that all citizens can and must work together to realize a more peaceful, equitable and just world.
ACRONYMs AND ABBREVIATIONs

AG AYT BAT CDF CDLG CSOs ICC KACC KANU KIPPRA KNCHR LASDAP LATF MP(s) NARC NEMA NGOs UN PM USA WLR Attorney General Africa Youth Trust British American Tobacco Constituencies Development Fund Coast Development Lobby Group Civil Society Organizations International Criminal Court Kenya Anti-Corruption Commission Kenya African National Union Kenya Institute for Public Policy Research and Analysis Kenya National Commission on Human Rights Local Authority Service Delivery Action Plan Local Authorities Transfer Fund Member (s) of Parliament National Rainbow Coalition National Environment Management Authority Non-Governmental Organisations United Nations Prime Minister United States of America Weekly Law Reports
ACKNOwLEDGEMENTs
he Africa Youth Trust expresses its deep and sincere gratitude to all the people who have participated in the development and production of this Action Guide.
Special thanks go to the International Youth Foundation and the Starbucks Foundation for their financial support through the Starbucks Shared Planet Youth Action Grants that has made the production of this Action Guide possible. We also offer our sincere gratitude to the staff of the International Youth Foundation especially those in the Youth Action Net program who have accompanied us in the production of this Guide and provided us with the encouragement that has spurred the production of this publication. We recognize in a special way the Guide development team that worked with tremendous zeal and commitment in developing the Guide. We acknowledge the critical role of Mr. Josphat Ayamunda the principal writer of this Guide, Ms. Christine Kilisio the project research assistant , and the team of youth who pre-tested the Guide offering valuable input on it-Cynthia Wamangoli, David Momanyi, Jane Kagiri, Stella Agara, Andrew Kiriti, Elizabeth Njeri and Grace Mutungu . We acknowledge the encouragement received from the Kenya Young Parliamentarians Association (KYPA) which has always been at hand to work with AYT towards enhancing youth participation in public policy and accountability. Finally, we acknowledge members of the Africa Youth Trust network and the youth of Kenya in general, for whom this Guide has been developed. We salute their resilience, their passion for progress and their determination to make a better Kenya. It is our sincere hope that this Guide will enhance their participation in building a Kenya that is more accountable and that which is guided by laws and policies that properly represent the aspirations and concerns of the nations youth.
A. INTRODUCTION
This action guide on youth engagement in public policy-making and promotion of accountability targets in-school and out-of school youth in Kenya. It aims at enabling the youth play an enhanced role in promoting public accountability as well as formulating and implementing public policy. Significantly, the Guide should be a constant reference for youth engagement in public policy and mainstream grassroots and national governance and developmental processes. The Guide focuses on three main areas. First, it explains the tenets of public policy. Secondly, it highlights the role the youth can play in influencing public policy. Thirdly, it puts premium on the role Kenyas youth can play in advocating for the enhancement of public accountability. By the end of this action guide you should be able to: explain the relationship between public policy-making and accountability promotion identify and describe the sources of law and public policy instruments relevant to the promotion of accountability
identify the principal difficulties with contemporary public policy-making and accountability promotion take appropriate action toward solving problems in the realm of public policy-making and accountability promotion This action guide is not a textbook or even an introduction to the subject of public policy-making and accountability promotion. It is designed to direct you through the subject and to give you an indication of how to think about and take action on the pertinent issues. The cases and examples used in this guide are not necessarily the most important. There are certainly many more relevant cases and examples than are referred to here. Indeed, in your study of this guide, you will have to consider other cases and examples related to the precise issues at hand. It is worth noting right from the outset that policymaking and promotion of public accountability is often a long, hard and painful process. One should therefore be ready to take difficult but necessary decisions toward that end.
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B. TENETs OF PUBLIC POLICY

PUBLIC POLICY IS THE COMBINATION OF PRINCIPLES, PLANS OR COURSE OF ACTION PURSUED BY THE GOVERNMENT
1. The Nature and Meaning of Public Policy

In strict legal analysis, public policy may be defined as a set of very indefinite moral values appealed to by courts so as to justify a decision.1 It is a principle of judicial legislation or interpretation founded on the current needs of the community. However, in common discourse, public policy generally connotes principles and standards regarded by the legislature or by the courts as being of fundamental concern to the state and the whole society.2 Put another way, public policy is simply the assemblage of principles, plans or definite courses of action (selected from alternatives) as pursued by a government. The history of public policy is shrouded in mystery but it is estimated that it has an Anglo-American origin and was used by the then governments to justify various actions, rules, laws and decisions.
1
walker The Oxford Companion to Law
Garner A.B. Blacks Law Dictionary 8th ed (Thomson west) p 1267..
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2. selected Models of Public Policy

Ordinarily, public policies are a combination of rational planning, incrementalism, competition among groups, elite preferences, public choice, political processes and institutional influences. One might therefore speak of public policy as whatever governments choose to do or not to do. Governments do many things; they regulate conflict within societies, distribute great symbolic rewards to members in society; and they extract money from societies through taxing or taxes. Thus public policies may regulate behaviour, organize bureaucracies, distribute benefits or extract taxes all these things at once. Public policy has several characteristics and the most notable is that, rules based on public policy have become so settled that justification is forgotten and only statute can alter the rule. The golden thread of any public policy consideration is that always interests of the public are paramount.3 However, whenever public policy is considered and applied it has not always produced the happiest results especially in judicial decisions. The rationale for having public policies developed is based on the need to have expertise and specialists to assist in the more technical spheres of everyday life. Thus the process of any public policy development must necessarily be consultative amongst all interested parties as well as inclusive of the relevant experts. A consultative process has the merit of its outcome being readily acceptable and understood by the various parties involved.4 On the contrary such a process is expensive and may take a longer period to complete. Secondly, a process that is less consultative though cheaper and speedy may have its finished product less acceptable. The models used in studying public policy are conceptual models that try to: simplify and clarify our thinking about politics and public policy identify important aspects of policy problems help us to communicate with each other by focusing on essential features of political life direct our efforts to understand public policy better by suggesting what is important and what in unimportant suggest explanations of public policy and predict its consequences. The major models of public policy include the following:
(a) Institutionalism policy as an institutional output
Political activities generally center on particular government institutions the presidency, courts, municipalities etc. Public policy is authoritatively determined, implemented and enforced by these institutions. A policy does not become a public policy until it is adopted, implemented and enforced by some government institution. Government institutions give public policy 3 distinctive characters: legitimacy legal obligations that command loyalty from citizens universality extend to all people in the society coercion e.g. imprison violators of policies i.e. sanctions
Anson R.w. Principles of the Law of Contract, Arthur L Carbin.
Kenya Institute for Public Policy Research and Analysis (KIPPRA) 2001
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(b) Process policy as political activity
Policy process is a series of political activities problem identification, agenda setting, formulation, legitimisation, implementation and evaluation. This model helps us to understand the various activities involved in policy making.
A rational policy is one that achieves maximum social gain. In other words, governments should choose policies resulting in gains to society that exceed costs by greatest amount, and governments should refrain from polices if costs exceed gain. A policy is rational if the difference between the values it achieves and the values it sacrifices is positive and greater than any other policy alternative. Rationalism involves calculation of all social, political and economic values sacrificed or achieved by a public policy not just that the values can be measured in monetary terms.
(c) Rationalism policy as maximum social gain
However, as Charles Lindblom5 has shown, contrary to what might be reasonably expected by the ordinary decent folks, decision makers do not necessarily follow that order. Indeed, under the incrementalism model, public policy is conservative in that existing programmes, policies and expenditures are considered as a base, and attention is concentrated on new programmes and policies and on increases, decreases, or modifications of current programmes. In other words, policy makers generally accept the legitimacy of established programmes and tactfully agree to continue previous policies.6
(e) Group theory policy as group equilibrium (equilibrium system)
Incrementalism views public policy as a continuation of past governments activities with only incremental modifications. Following Charles Lindbloms5 classification, the typical components of public policy are as follows:
annual review of the whole range of existing and proposed policies, identification of societal goals, researching the benefits and costs of alternative polices in achieving the identified goals, ranking the order of preferences for each policy alternative in terms of the maximum net benefits and then making a selection on the basis of all relevant information.
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(d) Incrementalism policy as variation on the past
Group theory begins with the proposition that interaction among groups is the central fact of policies. Individuals with common interests band together formally or informally to press their demands on governments. Individuals are important in policies only when they act as part of, or on behalf of group interests. This group then becomes a bridge between the individual and governments. Politics is really the struggle among groups to influence public policy. The constitutional review process in Kenya provides an apt example of the application of this theory. Take the issue of Kadhi courts, for instance. Broadly speaking, Muslims have persisted in their demand for inclusion of Kadhi courts in the Constitution while a section of Christians are strongly opposed to such inclusion. Similarly, the women have attained greater protection, say through such mechanisms as affirmative action, largely due to their ability to organize themselves around common group interests. Religious organizations have also come together regarding the issues of the
Charles Lindblom is a Professor Emeritus of Political science and Economics at Yale University. He is one of the early political science theorists who developed and advocated the theory of incrementalism in
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policy and decision-making.
For an illuminating examination of this case see, Mitullah w, Odhiambo M and Ambani O (eds) Kenyas Democratisation: Gain or Losses? Claripress, Nairobi 2005.
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MR. SPEAKER SIR I WOULD LIKE TO PROPOSE THAT THE AGENDA FOR TODAY BE ABOUT THE NEED TO URGENTLY INCREASE OUR ALLOWANCES
Y ES !
I SECOND THE MOTION
right to life. However, these religious groups face equally strong counter groups in the form of prochoice activists. Nevertheless, it seems too early in the application of this theory in Kenya to tell with certainty how it actually works. Despite that difficulty and in the absence of any evidence to the contrary, one might argue that it is safe to apply it to the circumstances of the youth in Kenya.
YE S!
(f) Elite theory policy as elite preference
Public policy may also be viewed as the preference and values of the governing elite. Elite theory suggests that the people are apathetic and ill informed about public policy; that elites actually shape mass opinion on policy questions more than masses shape elite opinion. Public officials and administrators merely carry out the policies decided on by the elite. Policies flow downward from elites to the masses, they do not arise from the masses demands. The elites share values which separate them from the mass and by doing this they maintain a status quo because the values only reflect them. Elites are conservative and never change the system governing the mass.
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3 Policy Making: How Policies are made

(g) Public choice theory policy as collective decision making by self-centred individuals
This theory challenges the notion that individuals act differently in politics than they do in the market place. The theory assumes that all political actors voters, taxpayers, candidates, legislators, bureaucrats, interest groups, parties, governments seek to maximize their personal benefits in politics as well as in the market place. In other words, this theory poses the question: what is in it for me? James Buchanan, Nobel prize winning economist, states that individuals come together in politics for their own mutual benefit, just as they come together in the marketplace, and by agreement among themselves, they can enhance their own well being in the same way as by trading in the marketplace. Government itself arises from a social contract among individuals who agree for their mutual benefit to obey laws and support the government in exchange for protection of their lives. There is no single model of policy-making but a series of different models with different origins and purposes. However, a discernible influence of the US model is beginning to emerge. In studying each model (and even each element of each model) you should consider questions related to the origins as well as the purposes to be served by each model. For instance, in the USA the senate has a policy committee that helps schedule bills and any relevant legislative strategy of the various senate parties.7 The policy committee liaises with various lobbyist organizations about upcoming legislation. Our Kenyan context seems only to reflect the standing and ad hoc committees set up to deal with various issues approved by the cabinet from time to time. A proper understanding of policy making, therefore, requires an appreciation of a variety of conceptual, historical, legal and political factors.
(a) Introduction
(h) Game theory policy as a rational choice in competitive situations
(b) The Kenyan context
This is the study of decisions in situations in which two or more rational participants have choices to make and the outcome depends on the choices made by each. Game theory assumes that individuals and organizations seek to maximize their own benefits in politics. For example, political candidates whose policy views may be distinctively liberal or conservative move to the center at election time to win the most votes. It is applied to areas in policymaking in which there is no independently best choice that one can make in which best outcomes depend upon what others do.
Policy-making in Kenya involves interest groups who lobby for something to be done or not to be done. This is the stage of problem identification. It goes to agenda setting where issues are decided and what problems can be addressed this involves the elite and public opinion. These issues are then proposed to a member of parliament if it is an issue that concerns a particular constituency or a minister if it concerns a particular ministry. The issue can then be presented in parliament in form of a proposal for it to be enacted into law. At times the draft policy concerning an issue is circulated to the public. It has been often argued that governments
world book 2001 (UsA) 20U, world Inc 2001
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commitment for the better good of a society would actually be meaningful only if the government can play a facilitative role in community building. Generally, development of various policy frameworks is consultative and this is achieved through forms such as, sessional papers, taskforces, regional workshops and reports of commissions of inquiry. It thus follows that any public policy development framework must be economically viable and an extra expense to the public taxpayer. Other recent examples include the National Land Policy of 2006/2007 which the Ministry of Lands seeks to implement after it has been adopted by the cabinet. It is clear that most policies developed eventually lead to various pieces of legislation. A recent example is the National Youth Policy of 2006 which led to the establishment of the National Youth Council Act.8 Presidential or executive directives are also sometimes used though less often. Retired President Moi used it successfully in the cut one tree plant two campaign, which eventually led to the development of Kenya National Environmental Action Plan 1994-1996.9 However, there are also some directives of this nature that hardly eventuate in hard policy or legislation. Perhaps, one notorious example in this regard might be President Kibakis directive that at least a third of all appointments in the public service should be reserved for women.
defined as a condition or situation that produces needs or dissatisfaction on the part of people for which relief or redress is sought. This is where there is publicizing societal problems and expressing demands for governmental action. Participants here are usually mass media, interest groups, citizen initiatives and public opinion.
(ii) Agenda setting
This is where issues and what problems will be addressed by the government are decided. It is where elites in high positions decide on what problems to focus on and the president also involves himself.
(iii) Policy formulation
Here policy proposals are developed to resolve problems.

(iv) Policy legitimisation
This stage involves selecting a proposal, developing political support for it, deciding on whether it is in exact accordance with the constitution and enacting the law.
(v) Policy implementation
This is where the policy is actualized. The stage involves government action toward organizing departments and agencies concerned with the policy, providing resources for the implementation and levying taxes.
(vi) Policy evaluation
(c) Case study: UsA
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(i) Problem identification and agenda setting
In a democracy it is sometimes argued that problem identification occurs whenever individuals or groups make demands upon government. Policy problem according to political scientist James Anderson can be
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This stage involves reporting outputs of governments programmes, evaluating impacts of policies on target and non target groups and proposing changes. This evaluation may be done by both the government (as the implementer of the policy) and other stakeholders (e.g. as consumers).
Act No 10 of 2009. Another example is the Industrial Charter that led to the development of the labour laws of 2007, though the Charter itself was drafted in the early 60s and revised in 1982. Environment and National Resources June 1994. The Kenya National Environmental Action Plan NEAP 1994-1996 that model.
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Ministry of
This case of UsA is used here for illustrative purposes only and not as an endorsement of
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C. THE ROLE OF THE YOUTH IN INFLUENCING PUBLIC POLICY IN KENYA
1. Introduction
Traditionally, the youth were hardly involved or encouraged to engage in public policy-making in Kenya. While youth engagement mechanism are increasingly being put in place, one still finds stereotypical and prejudicial sentiments from elderly policymakers to the effect that the youth are the leaders of tomorrow. Such claims mistakenly suggest that the youth are incapable of leadership in the present day.
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2. General Avenues for influencing public Policies

(a) Organized (specialized) interest groups
It is argued that well organized interest groups that have necessary leverage are able to influence policy choices in their favour. Leverage is the ability to withhold benefits if services or contributions are not met. For instance, in the 1990s, the Karen Langata Association (comprising the residents of Karen and Langata areas of Nairobi) organized themselves into a lobby group of stakeholders and successfully obtained legal sanction to withhold local government taxes from the City Council of Nairobi as long as the Council was unable to provide appropriate services. Given the fact that these areas had the real means to effect their threats of withholding funds, City Hall was compelled to greatly improve its services. Large interest groups, for example, seek preferential treatment from the government. A good example is the British American Tobacco (BAT) Company in Kenya. Apparently, BAT has historically enjoyed a monopoly position in Kenya, including close relationships with government. These links seem to have influenced public policy. There have been claims that health legislation might have been diluted and delayed. The long awaited Tobacco Control Bill originally sent to the Ministry of Health for final approval in 1999 languished in the AGs office for several years amid reports of industrial influence with successive annual reports from BAT noting the companys efforts to amend it. The Ministry of Healths efforts to enact tobacco control measures including smoking-free legislation and health warnings consistent with the Framework Convention on Tobacco Control through a different route in an attempt to bypass the Tobacco Control Bill and pre-empt industry
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lobbying failed when BATs challenge to the High Court succeeded in suspending the legislation.11 Ideally, public policy should be based on public interests and the value it can achieve in society other than political affiliations with some members of the public.
(b) Use of Experts
Public policy generally is influenced by various factors but most of all by experts. The youth should consult experts and develop expertise to enhance their capacity to engage from a knowledgeable position.
(c) Participatory processes
It is only when the process is consultative that wider participation by various members is possible. However, such participation can be direct or indirect. The involvement of the youth with such consultative mechanisms as taskforces and commissions of inquiry is an option that cannot be ignored.12 Furthermore, there are seminars and workshops that are organized by the government, NGOs and private sector players that are also useful. The Ministry of Information and Communication scores highly in this regard. For example, the Ministry facilated several opportunities for public engagement in reference to the Kenya Communications Act and related subsidiary legislation.
(d) Advocacy and Lobbying
While advocating for special interests, the youth should lobby all players in the policy-making arena such as the civil society, the business community and other proponents of various pieces of legislation. Contrary to common beliefs, it is not just Parliament that can be lobbied.
For ample analysis of the case of BATs role in influencing public policy in Kenya see Patel P, Collin J and Gilmore AB The law was actually drafted by us but the Government is to be congratulated on its wise actions: British American Tobacco and Public Policy in Kenya Tobacco Control 2007; 16:e1 <http://www.tobaccocontrol.com> (15 February 2010). 12some of the major commissions include the Ligale-led Boundaries Commission and the Kiplagat-led Truth, Justice and Reconcilliation Commission.
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(e) Public-private sector partnerships Enacting any public policy requires resources which the government often lacks. This is where the private sector comes in and the role of government is to provide an enabling environment that allows private sectors to operate with minimal hindrances. An example of such partnerships is the Aberdare fence conservation programme.
(g) Mass media
Media campaigns cannot be ignored as they have enhanced awareness of the public in reference to various rights and freedoms. This includes social media networks e.g. Facebook.
(h) Public Petitions
(f) Decentralisation frameworks
The advent of the Constituencies Development Fund (CDF) and the Local Authorities Service Delivery Action Plan (LASDAP) grants interested persons a chance to get involved with policy development especially at the local level. It is advisable to attend or get access to proceedings of the various committees of local authorities and petitioning of members such as mayors and clerks.
At the national level petitioning of the Kenyan Parliament collectively and individual MPs is a way of achieving tangible results. The new Standing Orders provide for public petitions.13 The Orders require, among other things, that the petition must be in writing (in either English or Kiswahili) and signed by at least 20 subscribers. It must clearly and respectfully state the object of the petitioner(s). Order petitions are scheduled for 30 minutes every Thursday before commencement of business. Petitioners have access to copies of responses to their petition.
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Orders 201-211 Republic of Kenya National Assembly standing Orders Government Printer, Nairobi (Adopted by the National Assembly on December 10, 2008, during the second session of the Tenth Parliament).
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The youth can and should play an informed role in the policy debate. Generally, there are three broad stages through which the youth can be engaged in policymaking. The stages are: recognition, partnership and participation.14 Toward that end, the youth must seek to be fully informed about the matters at issue. The youth should promote and exploit freedom to information. Access to relevant, timely and authoritative information is indispensable in promoting effective youth engagement in public policymaking. Since facts are very important in public policy and some policymakers misrepresent facts , the youth should seek accurate information and publicise it. The youth can engage in public policymaking by: a) Being organized around common issues and identity - this can be done through:
- forming youth networks
3 How Youth Can Engage in Public Policymaking
- coalition building in order to come up with joint decisions/ positions on major issues - using new media and social networking tools such as face book and online discussion groups to discuss common issues
d) Lobbying-the youth can do this through:

- appealing to members of parliament to ask questions in parliament on matters of concern to the youth - attending and participating in public commissions and inquiries and voicing their views on issues being addressed - presenting memoranda to members of parliament and government officials containing recommendations to address issues of concern to the youth - holding round-table meetings with policy makers to advocate for favourable consideration of issues the youth want addressed - Issuing press statements on pertinent matters - writing petitions
b) Researching to obtain accurate information-the youth can do this through:

- conducting public opinion surveys - gathering information from news sources-it is essential that the youth develop the practice of reading Kenyan daily newspapers and follow current affairs through journals and the media - conducting focus group discussions with informed audiences - undertaking desk-based research on objective material - carrying out key informant interviews with experts
e) Engaging in education efforts-this can be through:

- Organizing and attending public lectures - engaging in public education e.g. through mass media communications - being trained in different capacity building programmes
f ) Voting at elections to have candidates with an agenda beneficial to the youth g) Active involvement in political party work to ensure youth concerns are given proper attention by political parties In all these activities, the key to successful engagement is accuracy and clarity. Thus, for instance, you need to be fully aware of relevant facts otherwise you risk losing credibility.
c) Engaging in consultations-this can be done through:

- engaging themselves in community mobilization and sensitization activities
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Juan somavia How to engage the youth in policy-making
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D THE ROLE OF THE YOUTH IN ENHANCING PUBLIC ACCOUNTABILITY IN KENYA
1. The Nature of Public Accountability

Generally, demanding accountability calls for watchfulness on public bodies and officials by the citizenry. It connotes the concept that individuals, agencies and organizations (public, private and civil society) are held responsible for executing their powers properly. Put another way, public accountability entails the state and its (public) officers being held responsible by both citizens and elected bodies, for their (i.e. the state and its (public) officers) choices and actions. Accountability also refers to the processes, norms and structures that require powerful actors (governors) to answer for their actions to another actor (the governed), and/or suffer some sanction if the performance is judged to be below the relevant standard. Consequently, we can speak of accountability in two forms: legal and political accountability. In other words, a person can be held to account politically (i.e. through political action after exercising political judgment) or legally (i.e. at law after exercising judicial judgment).
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2. Accountability Mechanisms
It is a trite rule of constitutional law that the more purely political the question the more appropriate it is for political resolution and that the greater the legal content of any issue, the greater the courts potential role because under the Constitution and subject to the sovereign power of Parliament it is the function of the courts and not of political bodies to resolve legal questions. Thus, the two broad mechanisms for enforcement of rules are: legal mechanisms (i.e. in the courts of law) and non-legal or political (i.e. in the courts of public opinion). For instance, matters of high policy (e.g. matters of national security) are best determined by the executive (because such matters largely involve political judgment). Thus, it is for Parliament, not the judges, to determine how best Kenya can be defended against the threat of terrorism. It is therefore imperative that one is clear about the most appropriate m e c h a n i s m of promoting accountability in any given situation. Instructively, we should be aware of the limitations of both legal and political accountability. For instance, it is worth noting that the effectiveness of the non-legal enforcement mechanisms mainly depends on whether and to what extent the party seeking enforcement has the means to effect their threat.
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Various avenues exist for the youth to engage in the enhancement of public accountability in Kenya. They largely involve political/non-legal mechanisms of enforcement of rules, values, etc. They include the following:15 Local authorities Local authorities provide options to the youth to sit in council chambers and monitor proceedings/debates. This avenue is provided for under the Local Government Act which states in pertinent part that every meeting of a council shall, within the limits of the available accommodation, be open to the public . 16 The Environmental Management and Coordination Act has mechanisms for citizens participation.17 For instance, section 123 of the Act entitles the public to access records transmitted to the National Environment Management Authority. The Youth may participate in such exercises as environmental impact assessments which usually require public input. For example, pursuant to regulation 21 of Environmental (Impact Assessment and Audit) Regulations, the National Environment Management Authority, (NEMA) usually invites members of the Public to submit oral or written comments on project reports.
(a) Transparency mechanisms
This categorization is based on mere practical convenience of analysis rather than logic. Environment Management and Coordination Act Cap 8 Laws of Kenya.
16
section 84 Local Government Act Cap 265 Laws of Kenya
23
23
Expression rights: Examples are freedom of the press, speech and association. The youth can express and exchange information and opinions; write to the editor; protest; demonstrate; etc; create public awareness. They can also use media (including social media) to draw and focus public attention on particular issues. They should focus on areas where there is high sensitivity of the subject matter and generate and sustain public debate. They can also use the right to assemble with others to exchange opinions. Public censure: The youth can censure those who engage in misconduct and this includes the right to criticize public bodies/officials. Monitoring parliamentary sessions. The youth should identify and analyse problems of accountability and propose possible solutions. For instance, part of Agenda 4 of the National Accord regards increasing parliamentary accountability and transparency. Toward the attainment of that goal the National Assembly adopted the new Standing Orders on December 10, 2008 during the second session of 10th Parliament.18 The new Standing Orders provide for far reaching reform of Parliament. The reform items as envisaged by the Kenya National Dialogue and Reconciliation team have been captured in the new Standing Orders. For example, the new Standing Orders seek to promote accountability and improve the quality and output of parliamentary debates by and have: created an implementation committee to ensure parliaments decisions are implemented introduced stricter timelines on processing Bills provided for secret balloting introduced live broadcasting proceedings and enhancing public access to parliamentary debates.
Electoral processes: The common explanation for lack of youth perspective in the decision-making is that young people do not vote in large numbers. The youth should take part in the elections. They should actively engage in electoral processes and vote for local leaders, MPs and the president of their choice Such elected leaders often seek fresh mandate at the ballot box and this provides the youth with an opportunity to withdraw support for those leaders whose performance falls below the required standards. The youth can also report such incidences as complexity of the voting method, bribery (including treating i.e. giving small inducements), intimidation and fraud to the electoral commission; make proposals e.g. regarding multiple methods for voting, including post, internet and telephone (backed by security measures); promote public confidence in the electoral process; etc. While it is imperative that the youth vote at elections, it equally important that they also offer themselves for election to public office.
18
Republic of Kenya National Assembly standing Orders Government Printer, Nairobi (Adopted by the National Assembly on December 10, 2008, during the second session of the Tenth Parliament).
24
The youth can exploit these avenues by monitoring television broadcasts of parliamentary proceedings, witnessing the sessions from the public gallery, reviewing the Hansard, and so on.
(b) Decentralisation frameworks
established to facilitate the disbursement of funds to local authorities to supplement the financing of the services and facilities they are required to provide under the Local Government Act.19 The LATF Act and LATF Regulations of 1999 require citizen participation. The youth can use this avenue to enhance public accountability. Action Plan (LASDAP) is required to be participatory. Such participation provides accountability mechanisms that the youth can use. However, there are indications that the youth have had minimal participation in the LASDAP process.20 This might be remedied partly through sensitization and capacity building. An example of appropriate exploitation of this avenue is the Coast Development Lobby Group (CDLG). This is
a loose network of about 120 civic accountability groups from informal and formal urban settlements. Through doorto door, focus group discussions and use of local FM radio stations, CDLG has managed to effectively spearhead a wakeup call urging citizens to monitor the utilization of LATF as a basis for realizing better services. Through the formation of 26 Ward committees in Mombasa as polycentric grassroot social audit groups the lobby have managed to use citizen score cards and budget tracking tools to effectively audit ongoing LATF projects against the councils progress reports and shared with residents through local FM radio and public rallies. 21 Preparation of the Local Authority Service Delivery
The Local Authorities Transfer Fund (LATF) was
The Constituencies Development Fund (CDF) was established by the CDF Act of 2003 and came into operation in April 2004. Under the Act, the government sets aside at least 2.5% of its ordinary revenue for disbursement to the constituencies. The CDF programme is generally aimed at fighting poverty and shifting planning and identification of projects to the local communities. The CDF bottom-up planning approach to development has got opportunities for youth engagement in public accountability. For instance, the composition of the Constituency Development Committee includes one person representing the youth from the constituency.22 The youth should use these representatives to ensure accountability in the use of public funds. There are also established Project Committees which oversee implementation of projects. These committees are required to be community-based and the projects should take into account community interests. Through such mechanisms the youth can demand accountability.23 However, the youth should not just rely on this special representation. They should also strive to compete with other interested parties for inclusion in the committees.
The Kenya National Commission on Human Rights KNCHR is established to help ensure greater and better promotion and protection of human rights.24 The organization was established in July 29, 2003 as a result of the collaboration between the civil society and the UNHCHR. Its mandate is to enhance promotion of human rights in Kenya. It also acts as a watchdog and advisor of the government.
(c) specialised bodies
19
20 Local Authorities Transfer Fund Act (No 8 of 1998) see eg Muia DM Local Government Reforms in Kenya: A study on Civic Engagement, Inclusivity and Gender Mainstreaming in the LAsDAP Process in selected Local Authorities ActionAid Kenya Policy Brief 2006. 21Maita, K Citizen Demand for Public Accountability in Local Authorities: The Case for Coast Development Lobby Group in Mombasa Kenya The 22 Governance Link Issue 5 september 2008 ActionAid. section 23(1)g CDF Act. 23For some useful tips on how to promote accountability in reference to the CDF matters see Gikonyo w The CDF social Audit Guide: A Handbook for Communities Open society Initiative for East Africa Nairobi 2008. 24Kenya National Human Rights Commission Act (no 9 of 2002).
EH KAUZI, WHY DO YOU LOOK AS IF YOU HAVE JUST IVE BEEN SUMMONED BY THE KNCHR FOR INCITEMENT SEEN A GHOST
25
DID HE REALLY THINK HED GET AWAY WITH IT! HAH!
KNCHR has powers of a court to: Issue summonses or other orders requiring the attendance of any person before the Commission and the production of any document or record relevant to any investigation by the Commission
Question any person in respect of any subject matter under investigation before the Commission Require any person to disclose any information within such persons knowledge relevant to any investigation by the Commission
(1) (a); or Having attended before the Commission, refuses to be sworn or to make an affirmation, or having been sworn or affirmed, refuses without lawful excuse, to answer any question or to produce any document; or Knowingly gives any false or misleading information to the commission; or Causes an obstruction or disturbance in the course of any proceedings before the Commission, commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand shillings, or to imprisonment for term not exceeding six months, or to both. For the purpose of investigation into any matter pertaining to an inquiry, a public servant or agency whose services are utilized under subsection (1) may, subject to the direction and control of the Commission: Summon and enforce the attendance of any person for examination
The Commission may, if satisfied that there has been an infringement of any human right or freedom, order: The release of any unlawfully detained or restricted person The payment of compensation or Any other lawful remedy or redress A person who: Fails to attend before the Commission in accordance with any summons or order issued under subsection
26
Require the discovery and production of any document; and Subject to the Official Secrets Act, requisition any public records or copy thereof from any public servant.
Kenya Anti-Corruption Commission (KACC). A number of laws exist to fight corruption. They include: the Anti-Corruption and Economic Crimes Act, 2003, Public Procurement and Disposal Act 2005 and the Public Officer Ethics Act, 2003. There are also a number of institutions mandated to address issues relating to corruption the most notable of which are the Kenya Anti-Corruption Commission (KACC) and the National Anti-Corruption Steering Committee. KACC is a commission established under the Anti-Corruption and Economic Crimes Act 2003. It is the main agency with statutory mandate to fight corruption in Kenya. It is based at the Integrity Centre in Nairobi. However, concerned citizens wishing to
report any cases of corruption need not come to Nairobi. Communication to KACC can be made by other means such as Internet, telephone and post. Indeed, KACC is increasingly becoming more accessible to the public through its decentralization programme under which there are scheduled visits to all parts of the country.25 A related institution is the District Anti-corruption Civilian Oversight Committees. These committees have capacity to monitor use of public funds. The youth should ensure continuous monitoring of the Public Officer Ethics Act. They could also volunteer as community-based corruption monitors and act as KACCs ears and eyes in the community. Indeed, KACC has a public participation campaign aimed at involving the public in information gathering. Instructively, various interest groups have developed helpful reading materials and action tools. For instance, the Africa Youth Trust has published a handy guide to help the youth in the fight against corruption.26
K.A.C.C
Commissions of inquiry and local tribunals. Inquiries are a very important mechanism in enhancing the attainment of accountability. In the United Kingdom, for instance, judicial inquiries such as the Hutton Inquiry27 or committees of inquiry such as the Butler Inquiry28 are notorious for demonstrating the ability of inquiries to bring relevant and credible information to the fore. Local examples include the Commission which was set up to investigate the sale of the Grand Regency Hotel in July 2008. The Commission submitted its findings to the President in October 2008. Most unfortunately, however, neither have the findings been made
25
(d) Machinery for investigating citizens complaints
Kenya Anti-Corruption Commission Combating Micro-Corruption in Kenya <www.kacc.go.ke> (15 February 2010). 26see Africa Youth Trust Guide to Youth Action Against Corruption: The Role of the Youth in the Fight Against Corruption (AYT) Nairobi 2009. 27This was a British judicial inquiry set up by the UK government to conduct investigations into the circumstances surrounding the death of Dr Kelly, an employee of the Ministry of Defence, who was claimed to have critical intelligence regarding UKs decision to go to war in Iraq. 28This inquiry looked into the supposed intelligence failures leading up to Britains participation in the war against Iraq.
27
YES, ITS TRUE I PARTICIPATED IN THE LAND CLASHES, INFACT I WOULD LIKE TO RETURN THE CHICKEN I STOLE
sought by the complainant, they definitely carry some moral and political force which might in some cases rise to such a threshold as to compel compliance, force one to resign, etc. It is also worth noting that it seems there is an emerging trend in lawmaking in Kenya whereby upcoming pieces of legislation have inbuilt ombudsmanlike mechanisms. The State Law Office institutions: e.g. Advocates Complaints Commission is a statutory body established to inquire into any public complaints against practising advocates, firm of advocates or any member or employee thereof. The youth can report complaints to the Commission. The Commission has designed a helpform for this purpose. Civil society organizations (CsOs): Civil society refers to the arena of collective action around shared interests, purposes and values. There are a number of CSOs and related non-governmental organizations working in the area of public accountability. One of the most notable here is the Mars Group Kenya. It is largely Internet based and it monitors and tracks all public institutions and offices. It has over 7,700 registered subscribers who include individuals both in government and private sector, media and other international communities.30 The Africa Youth Trust31 has programmes that are related to youth engagement in public policy-making and accountability promotion. The African Centre for Open Governance32 has public accountability projects mainly focusing on CDF. The youth can form interest and pressure groups and build coalitions with such likeminded organizations in order enhance their capacity to promote public accountability.
31
COMMISSION OF INQUIRY
public nor any tangible action regarding the sale been taken. Another example is the Waki Commission that was set up after the post election violence of 2007/2008. This Commission proposed, among other things, a local tribunal with an alternative for pursuing the International Criminal Court (ICC) process to investigate and try those responsible for the violence. As of March 2010 efforts to set up a local tribunal pursuant to the Waki Commission Report had been fruitless but the ICC process had been set in motion. The Public Complaints Standing Committee: is a public body established by the President in 2007.29 It is mandated to receive, register, sort, classify and document all complaints against public officers and to enquire into allegations of misuse of office, corruption, and unethical conduct, breach of integrity, maladministration, delay, injustice, discourtesy, inattention, incompetence, misbehaviour, inefficiency or ineptitude. The youth should push for greater public accessibility and awareness. While the recommendations of the Commission may fail to deliver the degree of satisfaction
29 32
see gazette notice no.5826 of June 29th 2007 & no. 6327 of 13th July 2007. website address: www.africog.org
30
Their address is www.marsgroupkenya.org.
website address: www.africayouthtrust.org
28
(e) Judicial procedures for accountability
Any alleged unlawful use of power can be tested and if necessary corrected through Judicial control of administrative action (i.e. the process through which government powers are controlled by the courts) e.g. judicial review of public administration. Private prosecutions: The term private prosecution applies to the criminal proceedings that are usually initiated or brought before a court, by an individual or private organization instead of a public prosecutor who represents a sovereign state. The youth can seek to have those who engage in corrupt practices held to account at law by way of private prosecutions. The right to private prosecution is an important constitutional safeguard against abuse of state prosecutorial powers. The law on this area is mainly found in the Constitution and the Criminal Procedure Code.33 Instructively, however, the availability of this right is at the discretion of the Attorney General. This requirement appears to be the main obstacle to the attainment of the objective of the right to private prosecution since, as a number of recent cases have shown, in practice the AG seems unwilling to grant the prerequisite permission.34
the government to account for its exercise of power. Examples of such procedures include the PMs Question Time, private members questions, debates, select committee inquiries (e.g. the notorious Public Accounts Committee), etc. The major sanction of the committees is publicity. In this regard, the youth might, for instance, blacklist, name and shame the ministers and civil servants who habitually fail to give full and complete evidence, fail to attend or refuse to cooperate with the committees.
A related accountability avenue is ministerial responsibility. This is designed to ensure that government acts in accordance with the principles of the Constitution and is fully accountable to the electorate through Parliament. This doctrine requires both that ministers are bound by decisions taken or endorsed by the Cabinet and that Cabinet discussions must remain absolutely confidential. A minister who flouts this is required to resign. Individual ministerial responsibility is twofold. First, the minister should conduct himself in an appropriate manner and secondly the minister is accountable to Parliament for the management of his government ministry. Any (major) failures in this regard should lead to demands for resignation. It should be noted that the sanction of resignation applies with regard to policy failure rather than departmental failures or operational matters. For that reason, it is more accurate to speak of ministerial accountability rather than responsibility.36
Parliaments Oversight role is an ample opportunity to promote accountability. Government can be accountable to the people through Parliament.35 The youth can lobby MPs to ask questions in Parliament. Parliament through its oversight procedures can call
33
(f) Parliamentary procedures provide a number of avenues through which public accountability can be promoted
The youth might be able to influence this ministerial responsibility sanction by doing the following, among others: gathering, ordering and testing information about (i) the impression given to Parliament and the public regarding the governments unity and (ii) ministers personal conduct and conduct of their ministries. Armed with this information, the youth can proceed to the court of public opinion, publicise the ministers wrongful conduct and put pressure on them to resign. This can be done through such measures as peaceful demonstration, lobbying, protests, writing letters to the editor, lobbying members of parliament to ask questions in parliament, etc
see, eg ss 85-90 Criminal Procedure Code (Cap 75) 34see, e.g. Otieno Clifford Richard v Republic (2006) eKLR 35statements that comprise parliamentary proceedings are protected by absolute privilege and this enhances the quality of debate as there is little fear or favour. 36Of course it would be accurate to speak of ministerial responsibility where a minister is personally at fault
29
CONCLUsION
The Local Authority Service Delivery Action Plan (LASDAP) The Constituencies Development Fund (CDF)
This Action Guide set out to aid the youth in making the most of the avenues for involvement in public policy making and promotion of accountability. It has it explained the tenets of public policy and highlighted the role the youth can play in influencing public policy in advocating for the enhancement of public accountability. Some relevant mechanisms regarding public policy (a) Organized (specialized) interest groups (b) Use of experts (c) Participatory processes (d) Advocacy and Lobbying (e) Public-private sector partnerships (f ) Decentralisation frameworks (g) Mass media (h) Public Petitions Some relevant accountability mechanisms regarding public
(c) specialised bodies

Kenya Anti-Corruption Commission (KACC). The Kenya National Commission on Human Rights (KNCHR).
(d) Machinery for investigating citizens complaints

Commissions of inquiry and local tribunals The Public Complaints Standing Committee The State Law Office institutions Civil Society Organizations (CSOs).
(e) Judicial procedures for accountability

Judicial control of administrative action Private prosecutions
(a) Mechanisms to facilitate transparency

Electoral processes Public censure Monitoring parliamentary sessions
(f) Parliamentary procedures

Parliaments oversight role
(b) Decentralisation frameworks

The Local Authorities Transfer Fund (LATF)
The ultimate question becomes: where do we go from here? The answer is: let us take action. Appropriate action toward solving problems in the realm of public policy-making and accountability promotion might entail exploiting the following mechanisms as detailed in the foregoing sections of this Action Guide:
30
F GLOssARY
Accountability Advocacy Consultation Corruption Law Legal accountability
the extent to which a person can be liable to have their actions questioned by others and to respond responsibly when wrongful conduct is detected use of information to change policies to talk things over in order to decide what to do abuse of power or authority for selfish gain all the rules that are established by some sovereign authority and enforced through the court/judicial system the extent to which a person is liable at law
31
Legal rules Lobbying
rules that are recognised and enforced by the courts of law trying to influence the decision of public administrators in favour of a particular interest group principles or standards of rightness or wrongness all the rules of conduct established and enforced by the society outside the judicial or court system public complaints commissioner the arm of government that is tasked with making law the extent to which a person is liable according to the principles of right and wrong in conduct regardless of the legality or otherwise of the conduct at issue established means in the Commonwealth tradition by which the general public, or any sector of it, formerly notifies Parliament of its (dis) pleasure or makes specific demands or requests. rules that regulate the procedure of the National Assembly particularly regulations for the orderly conduct of proceedings any person aged between18 and 35 (National Youth Council Act of Kenya 2009)
Morality Non-legal rules
Ombudsman Parliament Political accountability
Public petition
Standing orders
Youth
32
F REFERENCEs
Annual Survey and Documents Africa Contemporary Record 1969-1970 Anson R.W. Principles of the Law of Contract, Arthur L Carbin Ed Africa Youth Trust Guide to Youth Action against Corruption: The Role of the Youth in the Fight Against Corruption (AYT) Nairobi 2009 Garner A. B. Blacks Law Dictionary 8th ed (Thomson West) Gikonyo W The CDF Social Audit Guide: A Handbook for Communities Open Society Initiative for East Africa Nairobi 2008. Dye Thomas R Understating Public Policy 12th Edition, Isolationist Policy and Neutrality Act Encyclopedia Britannica Juan Somavia How to engage the youth in policy-making Kenya Anti-Corruption Commission Combating Micro-Corruption in Kenya www.kacc.go.ke Kenya Institute of Public Policy Research and Analysis (KIPPRA) 2001 Kenya: ICT policy debates, 05/06/04. www.africa.Upenn.edu/africfocus KIPPRA Kenya Institute of Public Policy Research Analysis paper on Effectrive Private Sector representation in policy Formulation of Implementation by Mwangi S. Kimenyi. Maita, K Citizen Demand for Public Accountability in Local Authorities: The Case for Coast Development Lobby Group in Mombasa Kenya The Governance Link Issue 5 September 2008 ActionAid. Ministry of Environment and National Resources June 1994 The Kenya National Environmental Action Plan NEAP 1994-1996 Mitullah W, Odhiambo M and Ambani O (eds) Kenyas Democratisation: Gain or Losses? Claripress, Nairobi 2005
33
Muia DM Local Government Reforms in Kenya: A Study on Civic Engagement, Inclusivity and Gender Mainstreaming in the LASDAP Process in Selected Local Authorities ActionAid Kenya Policy Brief 2006. Patel P, Collin J and Gilmore AB The law was actually drafted by us but the Government is to be congratulated on its wise actions: British American Tobacco and Public Policy in Kenya Tobacco Control 2007; 16:e1 http://www.tobaccocontrol.com Policy in Kenya actions British America Tobacco and public policy www.ishtm.ac.uk/cgch/tobacco Walker. The Oxford Companion to Law World book 2001 (USA) 20U, published by World Inc 2001 World book 2001, 17R and 4C(china and Russia) published by World Inc 2001 Legal Instruments Anti-Corruption and Economic Crimes Act, 2003 Constituencies Development Fund Act Constitution of Kenya Criminal Procedure Code (Cap 75) Environment Management and Coordination Act Cap 8 Laws of Kenya. Kenya National Human Rights Commission Act (no 9 of 2002). Local Authorities Transfer Fund Act (No 8 of 1998) Local Government Act Cap 265 Laws of Kenya. National Youth Council Act (No 10 of 2009) Official Secrets Act Public Officer Ethics Act, 2003 Public Procurement and Disposal Act 2005 Republic of Kenya National Assembly Standing Orders Government Printer, Nairobi (Adopted by the National Assembly on December 10, 2008, during the Second Session of the Tenth Parliament). Some Relevant Cases A v Secretary of State for the Home Department [2005] 2WLR 87. Otieno Clifford Richard v Republic (2006) eKLR
34
O N YO U T H E N G A G E M E N T I N P U B L I C P O L I C Y MAKING AND THE PROMOTION OF ACCOUNTABILITY
ACTION GUIDE
This publication is made possible courtesy of a grant award through the StarbucksTM Shared PlanetTM Youth Action Grants program. The contents are the responsibility of the Africa Youth Trust and do not necessarily reflect the views of the International Youth Foundation and the Starbucks Foundation.
SUPPORTED BY
intenational al youth th on foundation
Improved Legislation and Public Accountability in Kenya Guide Production Team Project Team Coordinator: Nahum Okwiya Project Team Manager: Joseph Kimani Project research assistant: Christine Kilisio Cartoonist: Mark Njoroge Compiled by: Josphat Ayamunda Design and Layout: Davis Atundo (Willart Productions Limited)
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Africa Youth Trust Off Laikipia Road, Kileleshwa P. O. Box 7192 - 00100, Nairobi,Kenya Tel: +254 20 2022269 info@africayouthtrust.org www.africayouthtrust.org
SUPPORTED BY
ISBN: 9966-05-283-6
intenational al youth th on foundation

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ACTION GUIDE ON YOUTH ENGAGEMENT IN PUBLIC POLICY MAKING AND THE PROMOTION OF ACCOUNTABILITY

O N YO U T H E N G AG E M E N T I N P U B L I C P O L I C Y MAKING AND THE PROMOTION OF ACCOUNTABILITY OUNTABILITY

O N YO U T H E N G A G E M E N T I N P U B L I C P O L I C Y MAKING AND THE PROMOTION OF ACCOUNTABILITY

Executive Director Africa Youth Trust

ACKNOwLEDGEMENTs 8 A. INTRODUCTION 9 B. TENETs OF PUBLIC POLICY 10

C. THE ROLE OF THE YOUTH IN INFLUENCING PUBLIC POLICY IN KENYA

D. THE ROLE OF THE YOUTH IN ENHANCING PUBLIC ACCOUNTABILITY IN KENYA21

ABOUT AFRICA YOUTH TRUsT

ABOUT THE INTERNATIONAL YOUTH FOUNDATION (IYF)

Joseph Kimani Njuguna-IYF YouthActionNet Global Fellow

About the starbucksTM shared PlanetTM Youth Action Grants Program

ACRONYMs AND ABBREVIATIONs

B. TENETs OF PUBLIC POLICY

1. The Nature and Meaning of Public Policy

walker The Oxford Companion to Law

Garner A.B. Blacks Law Dictionary 8th ed (Thomson west) p 1267..

2. selected Models of Public Policy

(a) Institutionalism policy as an institutional output

Anson R.w. Principles of the Law of Contract, Arthur L Carbin.

(b) Process policy as political activity

(c) Rationalism policy as maximum social gain

(e) Group theory policy as group equilibrium (equilibrium system)

(d) Incrementalism policy as variation on the past

policy and decision-making.

(f) Elite theory policy as elite preference

3 Policy Making: How Policies are made

(h) Game theory policy as a rational choice in competitive situations

(b) The Kenyan context

world book 2001 (UsA) 20U, world Inc 2001

Here policy proposals are developed to resolve problems.

(c) Case study: UsA

(i) Problem identification and agenda setting

C. THE ROLE OF THE YOUTH IN INFLUENCING PUBLIC POLICY IN KENYA

2. General Avenues for influencing public Policies

(b) Use of Experts

(c) Participatory processes

(d) Advocacy and Lobbying

(g) Mass media

(h) Public Petitions

(f) Decentralisation frameworks

3 How Youth Can Engage in Public Policymaking

d) Lobbying-the youth can do this through:

b) Researching to obtain accurate information-the youth can do this through:

e) Engaging in education efforts-this can be through:

c) Engaging in consultations-this can be done through:

Juan somavia How to engage the youth in policy-making

D THE ROLE OF THE YOUTH IN ENHANCING PUBLIC ACCOUNTABILITY IN KENYA

1. The Nature of Public Accountability

(a) Transparency mechanisms

section 84 Local Government Act Cap 265 Laws of Kenya

(b) Decentralisation frameworks

The Local Authorities Transfer Fund (LATF) was

(c) specialised bodies

DID HE REALLY THINK HED GET AWAY WITH IT! HAH!

(d) Machinery for investigating citizens complaints

Their address is www.marsgroupkenya.org.

website address: www.africayouthtrust.org

(e) Judicial procedures for accountability

(c) specialised bodies

(d) Machinery for investigating citizens complaints

(e) Judicial procedures for accountability

(a) Mechanisms to facilitate transparency

(f) Parliamentary procedures