Chief Justice Martha Koome, who chairs the National Council for Law Reporting, has urged the 47 counties to establish Legal Resource Centres to enhance access to public legal information.
CJ Koome revealed that a survey done in 2018 identified significant compliance gaps in constitutional, legal and policy frameworks in both the County and National Governments.
“Gaps in policy formulation and legislative execution have led to sub-standard county laws, which at times have been struck down as unconstitutional due to failures in adhering to public participation requirements or aligning with the normative demands of the Constitution,” she acknowledged.
The Chief Justice was speaking at the launch of a report, ‘Public Policy Formulation Capacity Gaps & Capacity Development of Actors in Nakuru, Kajiado, and Narok Counties’, a collaborative research by the National Council for Law Reporting (Kenya Law) and ForumCiv, the largest civil society platform in Sweden.
“This study explores several thematic areas crucial to public policy, including education, water and environment, health, HIV/AIDS, sexual and reproductive health rights, gender and persons with disabilities and public participation,” she remarked.
She said addressing the challenges requires a concerted effort in capacity building, enhancing public participation, and institutionalizing procedures to ensure that initiatives meet their intended goals.
“Today, we underscore the critical need for legislation of the highest quality – a fundamental pillar of a modern, democratic society. The process of crafting legislation is as vital as the laws themselves, demanding a thorough understanding by citizens and active involvement from all stakeholders involved in governance” she emphasised.
The Chief Justice underlined that the research findings highlight the importance of continuous, tailored training for all stakeholders involved in policy development – from county officials, members of the civil society to community members – to allow them to contribute competently and constructively to policy formulation.
“The Constitution empowers County Assemblies to legislate and County Governments to formulate and implement policies in alignment with the principle of subsidiarity that envisages that people at the local level should make legislative and policy decisions on issues that affect them in line with their local needs and priorities.”
She called for regular review of existing policies and effective public participation owing to leadership changes in county governments which comes with different priorities due to the social, economic and political circumstances.
“The capacity to facilitate public participation should be enhanced in both levels of government through a partnership between the governments, non-State actors and development partners. A comprehensive and adequately funded civic education should be initiated and sustained by the county governments so that citizen awareness is equally enhanced.”
The CJ advocated for law revision training for County Attorneys to equip them with the necessary skills in the dynamic and ever-changing society. “I encourage County Attorneys to partner with the National Council for Law Reporting to assist them to revise and consolidate their county laws.”
