APRM • SECOND COUNTRY REVIEW REPORT OF THE REPUBLIC OF KENYA
2.8
The bottom-up planning that the 2010 Constitution provides has improved public
participation in the development and implementation of government policies and
programmes. Nevertheless, compared to expectations, stakeholders’ involvement in
planning and implementation still remains very low. Various reasons are responsible for the
low public participation. Among them are distance and the high burden of transportation
cost, inadequate understanding of the policies and programmes of the government, and
poor publicity. Others cover such issues as poor communication, where, in some instances,
documents or materials which form the basis of discussions at the public forums are only
circulated at the venue of the meetings without prior notice. The low participation in
economic decision budget process and planning is a serious impediment to communities
to fully own the programmes and projects executed.
2.9
The Panel recommends that in order to have the public participating effectively in the
design and implementation of development plans, Kenya needs to increase civic education
to promote the public’s awareness of their rights to participate in such programmes. The
country also needs to develop and mainstream effective tools of communicating with the
public and invest in the use of various media to do so. Moreover, it is necessary to translate
technical documents in reader friendly languages, especially in languages widely spoken
by the local population.
2.10
Significant developments have occurred in the public finance management domain. In
2004, the Government commenced the use of the Medium Term Expenditure Framework
(MTEF) and the annual budget is linked to it. This suggests the acceptance of fiscal planning
and it has been sustained. The government has enacted laws with respect to financial
management in line with the procedures and timelines prescribed in the constitution.
An over-arching legislation is the Public Finance Management (PFM) Act, 2012 stressing
transparency and accountability in the use of public resources for efficient service delivery.
The Constitution and the PFM Act 2012 have transferred important oversight fiscal functions
from the executive and National Treasury to parliament, both at the national and county
government levels. In 2009, the Parliamentary Budget Office was established to provide
strong technical support for legislators to properly scrutinize the budget at the different
stages.
2.11
The Public Expenditure Financial Accountability (PEFA) evaluation technique was used
to determine the extent of financial management. The budget of the national government
shows some degree of comprehensiveness, making it possible for the parliament and the
public to examine the budget proposals. Legislative scrutiny of the budget and expenditure
tracking has improved. However, the payroll system and the procurement process are hardly
described in details to enable adequate assessment of the strengths and weaknesses. A
huge wage bill is inclined to weaken financial control and corruption. Effective management
of payroll will, to a large extent, put government expenditure under effective check. When
the procurement system works well, there is value for money, implying that services are
delivered efficiently. Openness, competitive bidding and transparency in the award of
contracts are basic requirements of a good PFM. Procurement accounts for 46% of all
corrupt cases in Kenya. The Panel recommends that the procurement mechanisms of the
national and county governments need to be comprehensively evaluated to inform policy
decision.
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