BUILDING CONSENSUS ON COMMUNITY

ENGAGEMENT WITHIN LAND REFORMS

AND THE EXTRACTIVE SECTOR IN KENYA
CONFERENCE
SAROVA PANAFRIC HOTEL, MARCH 12-13TH 2015
Mobilizing Communities to Engage in
Natural Resource Reforms:
Strategies and Innovative Approaches
Felesia Muyia-Odada, Act Change Transform
www.act.or.ke

Outline
1.
2.

3.

4.

5.

Introduction
Why public participation in the natural
resource reforms?
Current state of public participation in
Kenya
Approaches and strategies for public
participation
Roles for different actors

participation? Who participates? What

are the principles?
It is a process through which interest
groups, individuals or organizations are
involved in decision making processes on
issues that affect them.

Educative

What are the principles of

participation?
Inclusive
Open and

transparent
Context oriented
proactive

Informative and
Credible and rigorous
Tiered and optimized

Why public participation in natural

resource reforms

Includes needs and interests of all stakeholders

Promotes involvement of those potentially affected
by or interested in a decision
Ensures the public is informed and appreciates
what the duty bearers are doing
Promotes public support/acceptance on
government projects
Ensures accountability and commitment by duty
bearers
Mitigates against violent conflicts
Reduces over-exploitation and degradation of
resources
Bridges the gap between stakeholders- civil
society, public, government, private sector

participation in Kenya- Legal

frameworks

Article 1- all sovereign power belongs to the people

Article 10- sets out democracy and participation of
the people and inclusiveness as principles of
governance in Kenya
Articles 54, 55, 56 and 57 provide for participation of
PWDs, minorities, marginalized groups, youth and
older members of society
Article 69 sets out obligations of the state in respect
to the environment including public participation in
the management, protection and conservation of the
environment
Article 174c- provides for participation of people in
the exercise of the powers of the state in making
decisions affecting them

Current state of public participation

in Kenya- Legal frameworks
1.EMCA- Amended EMCA 1999 to include principles of
voluntary environmental management, rule of law,
social justice, public participation, non-discrimination,
devolution
2.Forest Act 2005-45 (1)- A member of a forest
community may, together with other members or
persons resident in the same area, register a
community forest association under the Societies Act.

participation in Kenya- Gaps and

challenges
Lack of a national legal framework
Lack of political goodwill to ensure
participation
Inadequate resources and poor planning
(expensive and time consuming)
Contextual issues
Lack of feedback mechanisms- need for
appreciation of decisions made and the
implications

Approaches and strategies

Citizens participation ladder: Arnstein (1969, Journal of
the American Planning Association, 35: 216-224)

Information
Manipulati
on

Consultatio
n

Participatio
n

Delegation
of Power

Citizens
control

Approaches and strategies:

Cont
Consultation-

shift from giving

information to asking for views
Form and strengthen Communities of
Interest
Collaboration- need for the public,
CSOs and government to work together
Empowerment
Use of ICT
Contextualize public participation
approaches

Roles for different stakeholdersPublic

Public:
1.

2.

Know your rights!! eg right to information

(Free, Prior and Informed Consent),
participation, natural resource benefits,
right to petition
Participate and take advantage of available
opportunities eg EIAs

Roles for different stakeholdersCivil Society

Civil
1.

2.

society
Strategic advocacy programmingAdvocacy, FOR, WITH, BY
Multipronged programming
approaches to keep the public
engaged- eg advocacy, livehoods

Roles for different stakeholdersGovernment

President Reagan- Nine Most Terrifying
Words in English
I'm from the government and I'm here to help
are the "nine most terrifying words in the
English language," according to President
Reagan.
1.Involve other stakeholders
2.Adhere to legislative provisions on public
participation
3.Formal and informal programmes on civic
education

Thank you