ABSTRACT Public participation is an essential element of democracy. In a republic such as Kenya where the people are the real custodians of the sovereign power, it becomes necessary for them to be given a chance to directly exercise this power. Even though the Constitution recognizes the direct exercise of sovereign power, it is silent on how this is to be achieved. This article takes the opinion that sovereign power is exercised directly through public participation and takes note of the fact that the mechanism through which public participation can be achieved is not outlined in the Constitution. For this reason, the article examines various constitutional provisions that lay the foundation through which public participation can footed. Further, the essay looks into the attempted creation of legislation and policy on public participation and finally the threshold for sufficient public participation. 1. Introduction In Kenya, as per Article...
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