Former Makueni Governor Kivutha Kibwana has sharply responded to comments by President William Ruto’s constitutional adviser, Prof Makau Mutua, who questioned the effectiveness of public participation in governance.
The online exchange unfolded on X, formerly Twitter, on Thursday.
Prof Mutua, a legal scholar, described public participation as largely symbolic, claiming it does not objectively determine the merits of government policies.
“Public participation is so theoretically and empirically vacuous that it doesn’t tell you whether a particular policy is objectively good,” he wrote. He added that the process mainly serves as a legitimising tool for elites and courts rather than a measure of democratic consent.
In rebuttal, Kibwana pointed to Kenya’s Constitution, highlighting multiple provisions that entrench citizen involvement in governance.
He referenced Articles 1, 10, 69, 118, 174, 196, 201, and 232, along with sections of the Public Finance Management Act and County Governments Act that mandate public engagement in decision-making.
“Our Constitution entrenches public participation,” Kibwana said, urging Prof Mutua to review the cited legal frameworks and respond.
Public participation is a cornerstone of Kenya’s 2010 Constitution, intended to give citizens a voice in policy formulation, budget approval, and legislation.
The process has often been central to court rulings, with judges nullifying government actions for failing to meet constitutional participation standards.
The debate reflects wider discussions on democratic governance in Kenya, where public engagement is constitutionally mandated but sometimes inconsistently implemented.
Kibwana’s intervention emphasises the legal obligation of both national and county governments to involve citizens in key decisions, while Mutua’s post questioned its practical impact on policy outcomes.