CIVILIAN OVERSIGHT: TANA RIVER COUNTY

Civilian oversight is the process through which citizens supervise functions and decisions of the Government or Government officers in service delivery and the implementation of the Constitution. Article 1 of the Constitution of Kenya, 2010 provides that all sovereign power belongs to the people of Kenya and may be exercised by the people either directly or through their democratically elected representatives.

The Constitution has empowered the citizens to monitor the exercise of the authority by providing various avenues for participating directly in making decisions that affect them and overseeing the excesses of the government.

Citizens are open to various channels through which they can achieve their oversight role as contemplated in the Constitution. These include:

1.    Petitions

2.    Public participation

3.    Public attending assembly sittings and committee meetings

4.    Written Memoranda

PETITIONS

Sections 15 and 88 of the County Governments Act, 2012 provides that citizens have a right to petition  the County Assembly to consider any matter within its authority including enacting, amending or repealing any legislation.

A petition means a written prayer to the County Assembly by a member of the public requesting the County Assembly to consider any matter within its authority, including enacting, amending or repealing any legislation.

Petitions may take the following forms—

(a)   Administrative petitions

These are petitions that raise complaints concerning an institution, government ministry or department. Members of staff or the public may petition to the County Assembly in case they are aggrieved by the activities of the institution.

(b)   Assembly petitions

Article 196 (2) of the constitution of Kenya, 2010 provides that a County Assembly shall facilitate public participation and involvement in the legislative and other business of the Assembly and its committees.

An Assembly petition is a petition requesting the County Assembly to consider any matter within its authority, including enacting, amending or repealing any legislation.

(c)    Recall petition

A Member of County Assembly may be recalled if they are found to have mismanaged public resources or convicted of an electoral offence under the Elections Act. The procedure of a recall petition is as provided in section 46 of the Elections Act which further provides for the form and content of the petition.

PUBLIC PARTICIPATION

Participation of the people is recognized in article 10 of the constitution as one of the values and principles of governance. Article 174(c) of the constitution further states that the object of devolution is to enhance the participation of people in the exercise of the powers of the state and in making decisions affecting them.

Public participation is the process where the County Assembly engages the public in decision-making and gives full consideration to the public views in making decisions. It affords stake holders the opportunity to influence decisions that affect them.

Section 207 of the Public Finance Management Act, 2012 provides that the county government shall facilitate the establishment of modalities, and platforms of public participation.

The County Governments Act, 2012 provides in section 91 that the County Government shall facilitate the establishment of modalities, and platforms for citizen participation.

Public participation in the County Assembly

Article 196 of the constitution provides that the County Assembly should facilitate public participation and involvement in the legislative and other business of the assembly and its committees.

Specific areas that require public participation

1.      Legislative process/policy and Law-making

Article 196(1) (b) of the constitution provides that a County Assembly shall facilitate public participation and involvement in the legislative and other business of the assembly and its committees.

2. Planning and budgeting for county public services

The law provides for public participation in planning and budget making by the County Government under section 115 of the County Governments Act, 2012 and Section 207 of the Public Finance Management Act, 2012.  The planning and budgeting process is provided in section 125 of the Public Finance Management Act, 2012 to include:

(a)    intergrated development planning process which shall include both long term and medium term planning;

(b)   planning and establishing financial and economic priorities for the county over the medium term;

(c)    making an overall estimation of the county government’s revenues and expenditures;

(d)   adoption of the county fiscal strategy paper;

(e)    preparing budget estimates for the county government and submitting estimates to the County Assembly;

(f)    approving of the estimates by the County Assembly;

(g)   enacting an appropriation  law and any other laws required to implement  the county government’s budget; and

(h)   accounting for and evaluating the county government’s budget revenues and expenditures.

The responsibility to facilitate and report on public participation in the County Assembly is on the speaker of the County Assembly and chairpersons of various committees of the house.

Conclusion
Civilian oversight is not just a right—it is a responsibility. Citizens have the power to influence governance and demand accountability. Through petitions, participation in legislative processes, and active engagement with the County Assembly, the people can ensure that their government remains transparent, inclusive, and responsive.