Embu County Public Participation Act, no. 9 of 2015

1. This Act may be cited as the Embu County Public Shor tits and Parhcypation Act, 2015 and shall come into operation upon publication in the Gazerte.

2. In this Act, unless the context otherwise requires— ‘Dnterprelacioe, “Assembly” means County Assembly of Embu. “county €xecutive committee” means the Embu County Executive Committee established in accordance with Article 179 of the Constitution of Kenya, 2010; “county €xecutive committee member” means the County Executive Committee Member for the time being responsible for public participation; “county secretary” means a County Secretary of Embu County appointed under section 44 of the County Government Act, 2012: “Guzette” means a Kenya Gazette or County Gazette published by the authority of the County Government or a supplement of such Gazette: “Goverment” means the County Government Embu: “county public officer” means any person appointed by the Embu County Government and holding or acting in any County public office whether paid or unpaid or on contractual or permanent terms but does not include a person engaged on a part time basis in a County public body paid at an hourly or daily rate; “output indicator” means an indicator that measures the results of activities, processes and strategies of programmes or projects of the Committee; 42 No.9 Embu Country Public Participation 2015 Comminee” means the Embu County Committee for Public Participation established under section 5: “the public”, when used in relation to public participation in this Act, means— (a) the residents of the County; (b) the rate payers of'a particular city or municipality; (c) any resident civic organization or non- Governmental, private sector or labour organization with an interestin the governanceof the County; (d) non-resident persons who because of their temporary presence in a the County consume the services or make use of facilities provided by the Government; and poe ae tee 8 ts (e€) non-residents from Embu County. Government and specifically to — (a) facilitate the implementation of constitutional Provisions set out under— (i) Article | on sovereignty of the people; (ii) Article 10 on national values; Gii) Article 35 on access to information: (iv) Article 37 on right to petition; (v) Article 48 on access to justice; (vi) Article 174 on the objects of devolution; (vii) Article 196 on participation of public in County assembly businesses: (vill) Article 201 on principles of public finance; (ik) Article 232 on values and principles of public service; (x) Section 14 of Part 2 of the Fourth Schedule to the Constitution; and (xi) Any other provision related to public participation. 45 No.9 2015 Embu Country Public Participation (b) community empowerment and support; (c) transparency and account ability in decision making: (d) promote participatory democracy: {e) give effect to public participation framework stipulated under the County Govemments Act, 2012, the Public Financial Manage ment Act, 2012 and the Urban Areas and Cities Act, 2011: (D promote partnership and collaboration in public processes, (2) enhance public awareness and understanding of Government processes: (bh) reduce conflicts related to public or Government decisions: and {i} enhance community ownership of public decisions.

4. In addition to principles of citizen participation in Gurdéing Prrcoilas counties enshrined under section 87 of the County Governments Act, public participation under this Act shall be guided by the following principles— (a) Provision of meaningful information in a format and language that is readily understandable and tailored to the needs of the target groups: (b) Provision of information in advance of consultation activities and decision making; {c) Mutual consultations and dialogue and exchange ot views on matters affecting a community or group of persons within the County; (aj openness and tramsparency; (e) inclusiveness in representation of views including vulnerable groups and the marginalized, (fh) objectivity in engagement and non-politicization of issues; (g) constructive dialogue between County Governmen: and the public or stakeholders; feedback to the public on how their input is included in the policy decision: 44 No.8 Embu County Public Participation 2015 (h) clear mechanism for responding to people's _ concerns, suggestions and grievances; adherence to the principles of leadership and integrity set out in Chapter Six of the Constitution: and (i) civic duty and responsibility, PART li—ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE EMBU COUNTY COMMITTEE FOR PUBLIC PARTICIPATION

5. There is established a Committe to ebe known as the fatal lishment of whe Contmitind. Bmbu County Public Participation Committee.

6. (1) The Committee shall comprise— ‘Compositionof, ie (a) a Chairperson who shall be appointed by the Governor with approval of the County Assembl 4 (b) one resident from each sub-county appointed by the county executive member through a4 competitive process; (c) five members nominated by the bodies and organisations specified under subsection (2), who shall be appointed by the Executive Committee Maates with approval of the County assembly, (d) The County Chief Officer in-charge of Administration who shall be the Secretary and an ex-officio member. (2) The members referred to under subsection (1) (e), shall be— . (a) associations appointed by the county executive member from among three persons recommended by the forum of professional associations in the county’, (b) in the county appointed by the county executive member from among three persons recommended by the forum of the faith based organizations: (c) by the county executive member from among three persons recommended by the forum of .2 ee ba a, " , os 4 # ps f +,-+ 7 = Fie = 7 wre Ay r roe Ss Ceti = 45 2015 Embu Country Public Participatian No.9 organizations working with the youth im the county; (d) one person representing the non-governmental organizations in the county appointed by the county executive member from among three persons recommended by the forum of the non-governmental organizations; and (ec) one person representing persons with disabilities appointed by the county executive member from among three persons recommended bv the forum a of organizations working with persons with 2 disabilities and involved in local governance in the county. (3) In appointing and electing members of the j Committee under sub-section (1)(b)and (c), the County ; Executive Committee Member shall ensure that— {a) the Committee reflects the regional and ethnic diversity of the people within the County: and (b) not more than two-thirds of the members are of the same gender.

7. (1) The appointment and nomination of the therm qualificutrn of chairperson and members of the committee shall be— on ga r. " r us aa (a) carried out in 4 competitive and transparent manner, (b) based on merit; and (c) in line with the constitutional requirements for public service, (2) A person is qualified for appointment as chairperson or member of the committee if that person— (a) isa citizen of Kenya; (b) holds a diploma from an institution recognized in Kenya; {c) has knowledge and relevant experience in community service, public service or social work: and (d) meets the requirements of leadership and integrity set out In Chapter six of the Constitution. (3) A person shall not be qualified for appomtment as 46 No.9 Embu County Public Participatian 2015 the ; Chairperson or as a me under mb sub section er (1) ’ ; if such : (@) is declared to be of unsound mind; (b) is an un-discharged bankrupt; or (c} has been removed from office for contravening the ences of the Constitution or any other written W.

8. (1)The Secretary shall be — gael (a) responsible to the Committee for the day-to-day Management of the affairs of the secretariat; (b) the head of the secretariat; (¢)} custodian of all records of the Commitee; (d) responsible for executing decisions of the Committee; (e) facilitating, coordinating and ensuring execution of the Committee's mandate: and (f) ensuring performance of such other duties as may be assigned by the law and the Committee, (2) The Secretary of the Committee shall he County Chief Officer responsible for Administration.

9.(1) The Committee shall co-ordinate public tom oft participation in the governance of the County as provided under the Constitution, this Act and any other law applicable to the County, (2) In the performance of its functions under subsection (1), the Committee shall oversee the effective coordination of public participation and shall — (a) formulate policy directions fur the conduct of public participation; (b) moderate public participation activities to ensure they are inclusive of the broad spectrum of the public, (c) Co-ordinate and promote cooperation between all participants in public participation including County Assembly ; (d) develop civic education programmes to promote public participation in public affairs; 47 215 Embu County Public Participation No.9 (e) ensure that clear and reasonable timelines are established for public input and comment and that these timelines are communicated to the public; (8) ensure that the public participation device used is appropriate to the nature of the policy initiatives. issues involved and the target groups affected; (z) establish a feedback process to the public including Se opportunities for the public to forward additional comments or input to the decision taken; (h) develop an evaluation framework to the public participation plan; (i) ensure that public participation processes adhere to the relevant legislation, regulations, policies or guidelines affecting the rights and responsibilities of the public, officers and the different participants involved; (i) establish whether there is support for the development of new public participation techniques and technologies; (k) maintain an up to date database or inventory of all a its activities: (1) carry on research on matters relating to public participation generally; (m) prepare and submit quarterly reports to the Count Executive Committee member for onwarc transmission to the County Assembly on the status of the implementation of its functions anc obligations under this Act: and (n) perform any other function as may be assigned by County Executive Committee Member. (3) In the performance of its function and obligations under this section, the Committee shall be guided by the guidelines provided in the First Schedule.

10. (1) The Committee may do or perform all such Polegis nf ia Commiatire. other things or acts as may be necessary for the proper discharge of its functions under this Act or as may lawfully be done by a public office. (2) Without prejudice to the generality of subsection (1) the Committee shall have power teo— 48 No.9 Embu County Public Participation 2015 (a) advice the County executive committee on matters of policy relating 10 public participation; (b) enter into yg or arrangements with approval of the County Executive Committee Member with any institution, association or professional organizations as the Committee may consider appropriate in furtherance of the purpose mre eit for which the Committee is established; — (¢) enforce set standards regarding public participation; & (d) manage, supervise, secure and administer the assets of the Committee in such mannerag best the purpose for which the Committee is established: {e) delegate any of its powers to any officer, employee, agent, section or technical committee established by the Committee; and (f) undertake any activity necessary for the fulfilment of any of its functions under this Act.

11. (1) The Committee may establish Sub-County Sab- (onary (Camminees. committees when there is need for the better carrying out of its functions. (2) A Sub-County committee established under Oe) Seay SSeS ot eee of the: Comenidnes such other persons who may not be more than the nee determined by the County Executive Committee @) No decision of any Sub-County Commitee shall be effective unless the Committee has approved it.

12. A member of the Committee shall be appointed for Tem of efhice a single term of three years and is eligible for re-appointment for a further term.

13. The Secretary and members of the Committee shall be paid such allowances as may be determined by the County Public Service Board upon the advice of the Salaries and Remuneration Commission.

14. (1) The Chairperson or a Member of the Committee may be removed from office for— 49 Embu County Public Participation No.9 215 (a) inability to perform the functions of the office arising out of physical or mental meapacity; (b) gross misconduct, (c) incompetence or negligence of duty; | (d). bankruptey; (ec) is found guilty of professional misconduct by the relevant professional bedy: \ (f) in -any particular case, failure to declare his or her interest in any matter being considered or to be considered by the board or committee, or (g) absence from three consecutive meetings of the Committee without a reasonable explanation. (2) A person may be removed from office on any of the grounds in subsection (1) by— (a) the Governor, (b) the County Executive Committee Member: (c) the Committee. supported by the vote of at least two-thirds of the members of Committee; or (d) upon a successful petition by the resident or residents of the County. (3) Before a person is removed from office under to subsection (2), the person shall be given an opportunity him provide a defence against any of the allegations against or her. person shal] cease to be a member ofthe (anew

15. A Committee if that person-— (a) resigns in writing, to the appomting authority: (b) is convicted of a criminal offence and sentenced to a term of imprisonment of not less than six months; (c) is declared bankrupt; (d) is unable to perform the functions of his or her office by reason of mental or physical infirmity: (c) ceases to be a member of the nominating body under section 6 (2): or (f) dies. 50 No.9 Embu County Public Participation

16. Where a vacancy occurs in the membership of the Filling of Woammicy, Committee under section!4 or 15, the appointing authority shall, appoint a new memberin accor with dance the provisions of this Act. dl =r ad bed '

17. (1) The business and affair of sthe Committee shall be conducted in accordance with the Second Schedule. if Paerting ea) sig BOON (2) Except as provided in the Second Schedule, the i Committemay e regulate its own procedures, (3) The Committemay e invite any person to attend any of its meetings and to participate in its deliberations, but that Boren Ratt sok-vote cn any realtor cequiemy decision OF the ommittee. Pre fen

18. No matter or thing doneby a member of the Perko lilly Committee or any officer, employee or agent of the Committee shall, if the matter or thing is done in good faith while executing the functions, powers or duties of the Committee, render the member, officer, employee or agent personally liable for any action, claim or demand whatsoever. PART Ili — CO-ORDINATION OF PUBLIC PARTICIPATION IN THE COUNTY ASSEMBLY 19, (1) The Assembly shall— fnwotvemiens iin Aaneanibl'y its business mn an open manner, and hold its (a) conduct sittings and those of its committees, in public; and (b) involve the public in its legislative and other business and its committees. (2) The Assembly may not exclude the public, or any media, from any sitting unlessin exceptional circumstances the speaker has determined that there are justifiable reasons for doing so, _ 20, (1) There is established a County Assembly Estublishinent of 0 Coenrnities Committee to be known as the Public Participation Committee. (2) The commitice shall consist of « Chairperson and wot more than six other members. (3) The Clerk of the Assembly shall designate staff of the assem to be bly part of the Secretariat. (4) The committee shall Co-ordinate Public Participation in the Assembly. 5] 2015 Emby County Public Participation No, 9 21, (1) The Assembly Public Participation Committee pret ite rls “ir Tdbstiar shall be responsible for— PaPriciperina (a) Coordinating and moderating public participation activities and programs to ensure they are inclusive of the broad spectrum of the public: (b) Co-ordinating and promoting co-operation between all participants in public participation: (c) ensuring that clear and reasonable timelines are established for public input and comment and that these timelines are communicated to the public: (d) ensuring that the public participation device used is appropriate to the nature of a specific initiatives, issues involved and the target groups affected; (¢) establishing a feedback process to the public including opportunities for the public to forward additional comments or input to the decision taken; (f) developing an evaluation framework to the public participation plan; (g) providing advice to the Assembly on managing public participation process; (h) preparing reports on public participation facilitated by Assembly; (i) preparing annual report on Assembly Public Participation processes for consideration by the Assembly; (j) developing networks and partnerships with key stakeholders for the purposes of enhancing public participation: and (k) carrying out any other function that may he assigned by the Assembly. PART IV—CITIZENS’ PARTICIPATION FORUMS

22. (1) There shail be at least two county citizen Cert) Cleheeeis Po teipation participation forums in evéry financial year convened by the Foray, Governor to discuss any matter of public importance affecting the public or any community in the county and to provide a platform for consultations, review and deliberation on critical matters affecting delivery of services by the County Government. 52 No.? Embu County Public Participation 2015 (2) The Committee shall, when a forum is convened, ensure that the forum is fully publicized to enable the attendance end participation of a wide section of the population, including gender and marginalized groups and conimunities. (3) The Secretary of the Committee shall ensure that the minutes of the proceedings of the forum are taken and publicized throughout the County— (a) taking note of the issues arising from the forum for action of response by the relevant organ or organs of the County Government or other entity; and (b) giving feedback on the action taken on the issues raised, (4) The Committee shall facilitate meaningful participation of the citizens in the forum including— (a)ensuring accessibility to the forums: and (b)the use of language that is understandable by the citizens including person with disabilities. (5) No meeting shall be convened for the purpose of promoting, opposing or discussing the election of any person as a Member of that County Government or as a Member of Parliament. (6) Nothing in this section shall be construed as derogating from the provisions of any other written law relating to the holding of public meetings.

23. (1) There shall be county citizen participation “oY forums in every Sub-County convened by the sub- — Pasicipation county administratorto discuss and sive views on— (a) issues of interests in the Sub-County; (>) the implementation of County policies and plans in the sub-County; (c) the administration and functioning of the sub- County; or (d) the delivery of services by the County public service in the Sub-County. (2) The provisions of subsections (2) to (6) of section 22 shall apply toa forum convened under this section. if" = 53 2015 Embu County Public Participation No. 0 Z4. (f) There shaff be county citizen participation brid rime Var hice Aina forums in every Ward convened by the Ward Venues administrator to discuss and give views on the following— (a) issues of interests in the Ward or Village, as the ease may be: (b) implementation of County or Sub County policies and plans in the ward or village: (c) the administration and functioning of the Ward or Village; or (d) the delivery of services by the County Public Service in the Ward or Village. (2) The forum shall be open to all citizens of the Ward or Village who desire to attend and citizens shall be allowed to speak through representatives or directly. (3) The convener of the forum shall appoint a Secretary to take the minutes of the proceedings of the forum and shall, with the assistance of the Committee publicize the minutes throughout the Ward or Village and shall— (a) taking note of the issues arising from the forum for action or response by the relevant organs of the County Govemment: and (b) giving a feedback on the action taken on the issues raised, (4) The convener of the forum must ensure that the forum is fully publicized to enable attendance and participation of a wide section of the population, including marginalized groups and communities.

25. (1) The Committee shall ensure that the County fitmanives Aeon Government and its entities put in place affirmative action Pega rattan programmes tO ensure that minorities and marginalised groups— (a) parhcipate in all matters that affect them and are represented in governance and other spheres of life: (b) are provided with special opportunities in all areas of economic, educational, social, religious and political fields: (c) are provided with special opportunities for access to employment; 54 Embu County Public Participation 2015 develop their ethnic and cultural values, languages and practices; have reasonable access to water, health services and infrastructure; pursue their personal development; live in dignity and respect and be free from abuse; are free from discrimination including but not limited on the basis of language, religion, culture, national or social origin, sex, caste, birth, descent or other status: (i) are free from hostility, violence and abuse as a result of their ethnic, cultural, linguistic, religious or other identity. PART V— PETITIONS

26. (1) The right for citizens to petition the County Form of Potition. Governmentas contemplated under section 88 of the County Governments Act shall be in accordance with this Part. (2) A petitionto County Executive Committee shall be in the form set out in the Third Schedule and shall— (a) be handwritten, printed or typed; be in Englishor Kiswahili and be written in respectful, decorous and temperate language; be freeof alterations and interlineations in its text; be addressed to the County Secretary; have its subject-matter indicated on every sheet if it consists of more than one sheet; confirm that efforts have been made to have the matter addressed by the relevant body and that there has been no response on the matter from the relevant a or that the response has not been (h) catiem it the issues in respect of which the petition is made are not pending before any court or other constitutional or legal body; 355 2015 Embu County Public Participation No. 9 (i) conclude with a clear, proper and respectful prayer. reciting the definite object of the petitioner or petitioners in regard to the matter to which it telates: {j) subject to paragraph (m), contain the names, personal contacts, identification numbers, signature or a thumb impression of the petitioner or of every petitioner, where there is more than one petitioner; (k) contain only signatures or thumb impressions, as the case may be, and addresses and identification numbers written directly onto the petition and not pasted thereon or otherwise transferred to tt; (1) not have any letters, affidavits or other documents annexed to it; (m) in the case of a petition presented by a Member of County Assembly on behalf of a petitioner, be countersigned hy the Member presenting it; and (n) if the petitioner is unable to sign, be signed by a witess in whose presence the petitioner shall make his or her mark or thumb impression on the petition.

27. (1) A petition to the County Executive Committee needs hang .for shall be submitted to the County Secretary by the petitioner. “ett (2) The County secretary shail, within seven days of the date of recéipt of the petition, review the petition to ascertain whether the petition meets the requirements of this Act. (3) Where the County Secretary considers that a petition does not comply with section 26, the County Secretary may give such directions as are necessary to ensure that the petition is amended to comply with that section,

28. (1) The County Secretary shall, if satisfied that the omidenmnon if Tae labia petition meets the requirements of this Act, forward the petition to the County executive committee or the relevant body for consideration. (2) The County Executive Committée or the relevant body relating to the petition may appoint a committee to investigate the subject matter of the petition.

29. (1) The County Executive Committee, the relevant Procesture: im (ist fail canhgath if body or a committee appointed in relation to a petition may held public hearing and may— 56 Na.9 Embu County Public Participation 201s (a) invite individuals to submit memoranda or appear before the committee to give evidence on a petition; (b) invite any Executive Secretary or any person holding public office to appear before them to give evidence relatinga petition, (c) with the support from the Committee, hold public hearingin relation to the petition, (2) The evidence given by a person invited under sub of it andg 2 copy shall be taken down in writin (1) on secti sent to the person who gave the evidence. (3) The presentations and comments given during public hearing shall be recorded and a copy of it shall be publicized by posting the copy in a conspicuous place at the offices of the County Government and on the website as the case may be, {4) A person giving evidence may, within seven days from the date of receipt of the copy under sub section (2), suggest corrections to his or her evidence due to inaccurate reporting and the evidence shall be printed with such corrections as may be appropriate. (3) The County executive committee, the relevant body or the committee may at its discretion refuse to hear any AS eekbnks (or 46 Eaten fe sen manly, ie unmanageable person giving evidence, (6) Any document received at the investigation of a petition shall not be withdrawn or altered without the knowledge and approval of the executive committee. (7) A document submitted to the investigation of a petition may be to released the person who submitted it at the conclusion of the deliberations. (8) The committee appointed under section 28 shall, within fifteen (15) days after the conclusion of the investigation, submit its findings and recommendations to the County executive committee or the relevant body for a final decision to be madeon the petition. (9) The County secretary shall, within fifteen days of the decision of the County Executive Committee or the relevant body, in writing, notify the petitioner of the decision. 57 2015 Embu County Public Participation No, & 30, The County Secretary shall, within fourteen days UB HENEG ef iLeteshef im after the decision is communicated to the petitioner or seqihon petitioners, with support from the Committee— (a) give notice of the decision to the publie by posting a copy in a conspicuous place at the offices of the County Government; (b) inform the public that a copy or extract of the decision is available on its website: ({c) publish the decision in the County Gazette, print or electromic media: or (d) publish the decision in such other manner as may be appropriate for the dissemination of information.

31. (1) The County Secretary shall keep and maintaina iegiater of etre register in which shall be recorded all petitions and supporting documents, and the decisions of the County Executive Committee or the relevant body. (2) The register of petitions under subsection (1) shall be accessible to the public during working hours.

32. Any petitioner who is dissatisfied by the decision Appeal agaist leceuion ong of the County Goverment or the relevant body may within Liaiaeniiy twenty one (2]) days appeal to the Commission on Administrative Justice,

33. A petition may be presented or submitted to the Heitor ip Newel Assembly by the petitioner or a Member of the Assembly on behalf of the petitioner in accordance with the Standing Orders of the Assembly. PART VI—FINANCIAL PROVISIONS

34. The Funds of the Committee shall consist of — =unidde of ihe Brey oa (a) monies allocated by the County Assembly for the purposes of the Communities; (bo) such monies or assets us may accrue w the Committee in the course of the exercise of its powers or in the performance of its functions under this Act: and (c) all monies from any other source provided, donated or advanced to the Committee,

35. The financial year of the Committee shall be the Flewactal vege period of twelve months ending on the thirtieth day of June in 58 No.9 Emby County Public Participation 2015 each year.

36. (1) Before the commencement of each financial (™eom™ year, the Committee shall cause to be prepared estimates of the revenue and expenditure of the Committee for that year. (2) The annual estimates shall make provision for all the estimated expenditure of the Committee for the financial year concemed and, in particular, shall provide for — (a) payment of the allowances in respect to members of the Committee; (b) maintenance of buildings and grounds of the Committee; (c) funding of training, research and development of activities of the Committee; and (d) the funding of the schedules and organization of public participation meetings. (3) The annual estimates shall be approved by the County Executive Committee before the commencement of the financial year to which they relate. (4) No expenditure shall be incurred for the purposes of the Committee except in accordance with the annual estimates approved under subsection (3),

37. (1) The Committee shall cause to be kept proper books and records of account of the income, expenditure, assets and liabilitiesof the Committee. (2) Within a petiod of three months after the end of cach financial year. the Committee shall submit to the County Executive Member in respect of that year together with a — (a) statement of the income and expenditure of the Committee during that year; and (b) Statement of the assets and liabilities of the Committeeon the last day of that financial year. PART VII— MISCELLANEOUS 38. 1) A performance agreement shall be made between the County Executive Committee Member and the Committee in relation to the mandate of the Committee. (2) The performance agreement shall describe the key that outputs year the Committee shall achieve in any financial 39 2015 Embu County Public Participation No.9 and such output shall be defined in terms of performance indicators and targets. (3) The executive committee may request for an independent report on the implementation of the performance agreement.

39. The County Executive Committee Member shall County Execoorve oversee the performance of the activities of the Committee Commine: Member powcr under this Act and may, in writing, give the Committee directions on matters of policy not inconsistent with the provisions of this Act. ee

40. (1) The Committee shall, at the end of each Agnuai report financial year prepare submit an annual report. Se (2) The Committee shall submit the annual report to the County Executive Member not later than three months after the end of the year to which it relates. (3) The annual report shall contain, in respect of the year eee to which it relates— eS (a) the financial statements of the Committee: (b) a description of the activities and outcomes of public participation; and (c) any other information, that the Committee may consider relevant. (4) The Committee shall cause the annual report to be published in the County Gazette.

41. (1) The Committee shall publish and publicize all Manaprment of important information affecting the County within its informant. mandate. (2) A person may request for information within the mandate of the Committee in public interest. (3) A request for information under subsection (2}— (a) shall be addressed to the Secretary or such other person as the Committee may designate for that purpose, (6) may, where the Committee incurs expense in providing the information, be subject to payment of a reasonable fee; and 60 No.9 Embu County Public Participation 2015 (c) may be subject to confidentiality requirementsof the Comntittee. (4) Subject to the provisions of Article 35 of the Constitution and the law relating to freedom of information and data protection, the Committee may decline to give information to an applicant where— (a) the request is unreasonable in the circumstances; or (b) the applicant fails to satisfy any confidentiality jedicmcats impor bp be Commits (5) The right of access to information under Article 35 of the Constitution shall be limitedto the nature and extent specified under this section. (6) Every member of the Committee shall sign a confidentiality agreement.

42. Subject to section 91 of the County Governments Act, the Committee shall, in such manner as it considers appropriate, publish a notice for public information (a) the location of all its offices; and (b) its address or addresses, telephone numbers and other means of communication or contact with the

43. A person who— (a) without justification or lawful excuse, obstructs, hinders, threatens a member of the Committee under this Act; (b) submits fulse or misleading information; (c) without reasonable excuse, fails to appear before a meeting of the Committee when required to do so; (d} misrepresents to or knowingly misleads a member of the Committee or a member of staff of the Committee acting under this Act, commits an offence and is liable on conviction to a fine not exceeding one hundred thousand Shillings or to imprisonment for a term not exceeding one year or to both. ie mie & a |) = i iu iP : Pri : it i Li f ol 2015 Embu County Public Participation No.9 44, (1) The County Executive Committee Member Mr" May, in consultation with the Committee, make regulations for the better carrying into effect of the provisions of this Act, (2) Without prejudice to subsection (1) the Regulations may prescribe for— (a) conduct of public participation including providing for additional guidelines: (b) mode of feedback to the public: (¢) use of media to promote public participation: (a) coordination of all forms of citizen fora meluding County, Sub-County, Ward and Village fora; (e) representation of citizens in the consultative fora; and (f) conduct of the affairs of the Secretariat. (3) Pursuant to the nature and scopr. the Regulations shal|— (a) be for the purpose and objectives set out under section 3 of this Act; (b) be limited only to the matters set out in this Act; and {(c) comply with the drafting standards set out under any law applicable to the County. 62 Embu County Public Participation 2015

FIRST SCHEDULE (s.9 (3) PUBLIC PARTICIPATION GUIDELINES The following guidelines shall guide the County Government and the tee when conducting public participation activities: _ 1. Build @ realistic timeframe Teasonable period for each stage of the for the consultation, allowing process. 2. Be clear as to the type of the publ ic, community or profession to be Onsulted, the issues or matter for cons ultation and for what ‘specific 5. Ensure that all 2 se are carefully and open-mindedly Y available to the public, including analysed of the views expressed and the reasons for the decisions take an account n, 6. Disclose all information relevant for évaluate the decision, the public to understand and 8. Bnsure that all commit ts made to by the decision-makers, are madmen e in good faith, the public, including those 9. Undertake and encourage actions the process among all the participants. that build trust and credibility for 10.Be personally responsible analyses performed, or plans developefor the validity of all data collected, d by it or under its direction. 1}. Ensure that there js no misf that was performed under the relevant epre sentation of work performed or body's direction, 12. Examine all of its relation s or legitimately interpreted as g conflict ship of inter actions, which could be publicor peers, est by clients, officials, the 13. Should not engage in conduct invo lving dishonesty, fraud, deceit, muisrepresentation of discrimination, 14, Should not accept fees wholly client's desired result where that professional desin judgment. 63 2015 Embu County Public Participation No.9

SECOND SCHEDULE (s,17(1)) MEETINGS AND PROCEDURE FOR THE COMMITTEE 1. The County Secretary shall convene the first meeting of the Committee. 2. The Committee shall decide when and where it meets and the mectings shall be convened by the Secretary in consultation with the chairperson. 3, The Committee shal] have at least six meetings in every financial year and not more than four months shall elapse between one meeting and the next meeting. 4. Unless three quarters of the members otherwise dgre=, at least Pe seven days’ notice in writing of a meeting shall be given to every member. eee 5. A meeting shall be presided over by the Chairperson or in his or ae her absence, by the Vice-Chairperson. ee, 6, The members of the Office shall elect a Vice-Chairperson ee from among themselves (a) at the first sitting of the Office: and (b) whenever it 1s necessary to fill the vacancy in the office of the ee Vice-Chairperson. 7. The Chairperson and Vice-Chairperson shal! not be of the same gender. 8. If any person has a personal or fiduciary interest in any matter betore the Committee, and is present at a meeting of the Committee or any committee at which any matter is the subject of consideration, that person shall as soon as is practicable after the commencement of the meeting, declare such interest and shall not take part in any consideration or discussion of. or vote on any question touching such matter. 9. A disclosure of interest made under paragraph § shall be recorded in the minutes of the meeting at which it is made, 10. A person who contravenes paragraph § commits an offence and is liable, upon conviction, to a fine not exceeding two hundred shillings. or to Imprisonment for a term not exceeding one year. or to both. 11. The quorum of the meeting shall not be less than half of the appointed members. 12. A question before the meeting shall be decidec with a Supporting vote of at least two thirds of the members present and voting. 13. The Committee shall keep minutes of proceedinzs of its meetings and decisions taken. 64 No.9 Embu County Public Participation 2015

THIRD SCHEDULE = (s.26(2)) FORM OF A PUBLIC PETITION TO: The Embu County Government/Assembly WE/I, the undersigned and humble Petitioner(s) ee eee (Here insert the names or description of the petitioner or petitioners and address including their status; residents of a particular area, workers, particular part of the community, minority or marginalised group etc.) DRAW the attention of the County Government/Assembly to the following: (Here, briefly state the reasons underlying the petition and request for the intervention of the Government‘Assembly by outlining the grievances or problems and summarizing the facts which the petitioners wish the Government/ Assembly to consider) THAT: (Here confirm that efforts have been made to have the matter addressed by the relevant body, and it failed to give satisfactory response.) THAT: (Here confirm that the issues in respect of which the petition is made are not pending before any court of law, or constitutional or legal body.) THEREFORE your humble petitioners PRAY that the Government / Assembly:- (Here, set out the prayer, by stating in summary what action the petitioners wish the Government/ Assembly to take or refrain from) and your PETITIONERS will ever Pray. Name of Full National Signature/T petitioner Address 1D or Passport humb print No. Subsequent Pages PETITION concerning... er (Here, repeat the summary inin first piael “This form may contain such variations as the circumstances of each case may require. Avery. fan¥. eeeeaie 4