A lobby group has petitioned the Kisumu county assembly clerk to gazette Kisumu County Public Participation Act 2014.
The act which was enacted by the assembly on August 4, 2015 has not been operational due to lack of gazettement. This comes as residents raised concerns over the neglect of the public participation by county government in the budget-making process.
Kisumu County Participation Partners Forum (KCPPF) chairman Edward Ogola said non-gazettement of the act is contrary to the requirements of the constitution.
“The Constitution under Article 199 (1) requires that County Legislation be published in the Kenya Gazette for it to take effect as law,” Ogola said.
He said they will move to court to compel the clerk to gazette the Act should he fail to do so within 14 days.
Ogola added, “We demand the immediate gazettement of the said Act for its operationalisation, failure to which we shall seek legal redress.”
The gazettement of the act should be expedited to give citizens legal framework through which they can participate in governance, he said.
The chairman said the act will enhance public participation in the budget-making process as required by the constitution.
Speaking after presenting the petition to the assembly on Tuesday, Ogola said non-operation of the act as barred citizens from public participation on governance.
The Bill automatically became an Act after Governor Jack Ranguma failed to assent to it upon presentation from the assembly on August 2015.
The governor had 14 days to either assent to the Bill or refer it back to the assembly with a memorandum outlining reasons for referral.
However, Ranguma did not assent the said Bill as at December 7, 2015 neither did he refer the Bill back to the county assembly with any memorandum.
“Pursuant to Section 24(6) of the County Government Act 2012, the Kisumu County Public Participation Bill automatically becomes an Act,” Ogola said.
He said county government leaderships have an obligation to address the needs of the citizens.
"Citizens must be involved in development initiatives undertaken by counties," Ogola said.
He noted that county government have no option but to engage locals to ensure their participation in development processes as required by the constitution.