Prof. Makau Mutua, a constitutional advisor to President William Ruto, has questioned the practical value of public participation in Kenya’s governance processes.
In a statement posted on X, Mutua described the constitutional requirement for citizen involvement as largely symbolic, arguing it does not reliably indicate whether government policies serve the public interest.
According to Mutua, public participation is often used in legal challenges against government initiatives or political leaders.
“Public participation is so theoretically and empirically vacuous that it doesn’t tell you whether a particular policy is objectively good for a country,” he said.
He added that, at best, the process educates segments of the population but cannot serve as a definitive measure of democratic legitimacy.
Public participation is enshrined in the Constitution of Kenya and is designed to allow citizens to contribute to policy-making at national and county levels.
Various government ministries, county assemblies, and agencies routinely hold public forums, stakeholder consultations, and hearings to comply with this mandate.
However, the influence of such engagements on final policy outcomes has long been debated.
Mutua’s remarks highlight ongoing discussions about the gap between constitutional ideals and practical implementation.
He described public participation as a “fig leaf for legitimacy” that primarily serves elite interests rather than providing genuine citizen oversight.
His statement comes amid broader concerns about how citizens engage with policy-making, particularly on complex issues like land reform, national development projects, and budget allocations.
The debate around public participation in Kenya has grown in recent years, especially as courts increasingly consider public input in ruling on government policies.
While some legal frameworks recognize citizen involvement as a safeguard for transparency and accountability, Mutua’s critique underscores the limits of public forums as instruments of influence.
The presidential advisor’s statement has sparked renewed attention to the effectiveness of democratic practices in Kenya.