One of the fundamental gains of the Constitution of Kenya 2010, is in the manner in which the public is required to participate in policy, law making and as well as other governance and reform processes. The public participation principle under Article 10 of the Constitution encourages transparent debates and participation by various stakeholders. Reform agencies now seek consensus, publish information on various platforms for wide access and receive comments and input from various stakeholders. This has tremendously changed the reform process to bottom up as opposed top down.
While the expectations are still high, we must engender a progressive culture of constitutionalism and a need for all stakeholders to work together in nurturing the baby after helping midwife the transition. This is the basis on which the Commission is currently undertaking a post-promulgation audit of all legislation to determine the challenges of implementations, gaps, overlaps and regulatory impact analysis amongst others which report will be shared with the people of Kenya and our stakeholders. It is hoped that the Post-Promulgation Audit Report will lay the foundation for effective review and reform of these laws.
Joash Dache, MBS
Secretary/CEO, Kenya Law Reform Commission