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…This however has to be in the context that the courts cannot dictate the manner and type of public participation. There must be public participation.…

…There is need for both quantitative and qualitative components in public participation. Public participation is not an abstract notion; it must be purposive and meaningful.…

…Public participation Public participation is a founding value in our Constitution.…

…None of the parties argued that public participation was not required. The issue therefore is whether there was public participation and, if so, whether the public participation was effective.…

…There is need for both quantitative and qualitative components in public participation. (v)Public participation is not an abstract notion; it must be purposive and meaningful.…

…E 631 of 2025 on account of lack of public participation.…

…Whether there was adequate and sufficient public participation Public participation is a Constitutional imperative aimed at ensuring that views of the citizens have to be taken into account before any decision affecting the…

…Article 201 (a) of the Constitution guarantees the need for public participation in public finance matters and provides as follows: - 201.…

…In other words, no single regime or programme of public participation can be prescribed and the Courts will not use any litmus test to determine if public participation has been achieved or not.…

…A variety of mechanisms may be used to achieve public participation. Thirdly, whatever programme of public participation is fashioned, it must include access to and dissemination of relevant information .…

…constitutional requirements on public participation.…

…The petitioner argued that there was no public participation while the respondents maintained that there was meaningful and effective public participation.…

…WHETHER THERE WAS ADEQUATE PUBLIC PARTICIPATION 51. Public participation is a core constitutional value under Articles 10, 174(c), 196 and 201. 52.…

…public participation applies to all aspects of governance.…

…That the Equalization Fund Act is clear that public participation is a core element in the decision-making process of identifying projects for development in the marginalized areas and funds ought to be denied if public participation…

…Public participation was carried out at Eldume on the 26th of May 2023 at Lororo Baraza Tree.…

…public officer and or entity charged with the performance of a particular duty bears the onus of ensuring and facilitating public participation. ii.The lack of a prescribed legal framework for public participation is no excuse…

…Therefore, when determining whether public participation as a prerequisite to the determination of policy by a State organ has been complied with, one must ascertain whether the public participation has been done in a manner…

…That in any case, consultations with the MDAs does not count as public participation.…

…Public participation is a core national value under Article 10 of the Constitution.…

…participation and the prevailing legal framework for public participation in decision-making processes.…

…Principles for public participation (i)As a constitutional principle under Article 10(2) of the Constitution, public participation applies to all aspects of governance.…

…At the County Government level, the onus is on the County Assembly to facilitate public participation in the legislative process. 23.…

…(c)Allegation of lack of public participation does not automatically vitiate the process.…

…Whether the Public participation was conducted before the enactment of the Mombasa County Finance Act 2024: [9] Needless to say that public participation has been entrenched in the Constitution as a national value and principle…

…participation in the budget process. [13] The County Governments Act also provides for citizen and public participation.…

…that there was public participation.…

…statute ……. [52] The burden of showing that there has been no public participation or that the level public participation within the process does not meet the constitutional standards is on the petitioner.” 23.  …

…That despite the respondents'' insinuating involvement of various stakeholders and public participation, no evidence of stakeholders'' and public participation was never undertaken.…

…There was a need for both quantitative and qualitative components in public participation. v. Public participation was not an abstract notion; it must be purposive and meaningful. vi.…

…lack of public participation and stakeholder consultation.…

…Legal Framework on Public Participation 17) Public participation is a national value and principle of governance under Article 10(2)(a) of the Constitution.…

…There was no adequate or any public participation. 4.…

…On prima facie, the petitioners contended that there had been no public participation.…

…Regarding public participation, the 1st and 2nd respondents maintain that there was public participation.…

…Public participation The next issue is whether there was public participation.…

…The Petitioner alleges that the said act violates Articles 10, 201 and 227 of the Constitution for reasons that there was no involvement of the public through public participation prior to taking the said action in regard…

…(vii) THAT the issue of public participation cannot be addressed by mere publication of a tender, public participation must be meaningful and not superficial.…