DNK International By Our Reporter,Nairobi.
Deputy Chief Justice and Philomena Mbete Mwilu has said public participation has evolved from a constitutional principle into an enforceable legal doctrine through court jurisprudence.
Speaking at Kenyatta University Parklands Law Campus during the 2026 Supreme Court Lecture Circuit on Wednesday, Mwilu said the 2010 Constitution places citizens at the centre of governance by recognising that sovereign power belongs to the people.
She cited Supreme Court decisions, including the British American Tobacco Kenya PLC case, which established key requirements for meaningful participation such as reasonable notice, inclusivity, transparency and genuine opportunity for public input.
She also discussed the 2024 Finance Act case, saying the Court sought to balance meaningful public participation with the practical timelines of the legislative process.
She noted that the Public Participation Bill, 2025, approved by the National Assembly on August 12, 2026, was awaiting Presidential assent and would provide a standardised framework for public participation by State institutions.
Addressing law students, Mwilu urged young people to actively and responsibly engage in civic affairs, saying implementation of constitutional principles remains a shared responsibility.
“The Constitution gave us the principle. The courts have helped give it doctrine. The practice and its future remain a task for all of us,” she said.
[Daily News Kenya-International@September 30,2026]
