How young people can ensure full implementation of Chapter 4 of the Kenyan Constitution and Fiscal transparency

The Kenyan Constitution 2010 is currently marking its 14th anniversary since promulgation. Chapter 4 of this constitution known as the Bill of Rights, plays a crucial role in promoting fiscal transparency and accountability. Fiscal transparency refers to the clarity, reliability, and accessibility of information regarding a government’s fiscal policies, including its revenues, expenditures, and financial position. This transparency allows stakeholders such as citizens, market participants, and government creditors to understand government operations and hold authorities accountable for their fiscal decisions whereas accountability is the obligation of government/individuals to report on their actions and decisions, ensuring they are answerable to the public and other stakeholders. It involves mechanisms that allow citizens to question and influence governmental decisions, thereby fostering trust and promoting responsible governance. Chapter 4 of the Kenyan 2010 constitution  guarantees various rights that facilitate citizen engagement in governance, particularly concerning public finance management a peak of what Ajibika Fellows have been doing under Ajibika Leadership Program.

This chapter has enabled Fiscal Transparency by providing the following Key provisions;

Article 35; Right to Access Information, grants every citizen the right to access information held by the state. This provision is fundamental for fostering transparency in fiscal matters, as it enables citizens, including young people, to obtain data regarding public spending and budget allocations. Such access is essential for informed participation in governance and advocacy for accountability and good Governance. It is important to note that with the right information, the Ajibika Fellows can easily hold government accountable on budget spending and development projects.

Article 10; Public participation, emphasizes public participation as a national value and principle of governance. This provision mandates that citizens must be involved in decision-making processes, including those related to fiscal policies. Engaging youth in these processes enhances their role in advocating for transparent budgeting and expenditure. This is prudent for the Fellows as they will be able to attend public participations where Budget documents such as CBROP, ADP, CFSP and Budget Circulars are shared. This not only gives them access but also allows them to understand when the budget calendar begins.

 Article 33; Freedom of expression, which includes the right to seek and share information. This freedom empowers young people to voice their concerns regarding fiscal management and to hold public officials accountable for their financial decisions. This particular article gives young people, Ajibika fellows the freedom to point out areas they feel are not performing, point out corruption issues with evidence and also call leaders to accountability without being victimized.

The constitutional provisions empower young people to actively participate in promoting fiscal transparency. By leveraging their rights to access information and engage in public discourse, youth can advocate for better fiscal policies and practices. Furthermore, their involvement in local governance structures can lead to more responsive and accountable financial management at both county and national levels.

To ensure that fiscal transparency is adhered to, Ajibika Fellows can ask the government to;

(a)Enact legislation to establish an independent ethics and anti-corruption commission with the power to investigate and prevent corruption in public finance management.

(b)Develop civic education programs to empower young people with knowledge on public finance management and their role in promoting transparency and accountability.

(c)Establish structured mechanisms for youth engagement in the budget process at national and county levels, including in budget formulation, implementation, and oversight.

(d)Invest in digital platforms to enable real-time access to fiscal data and facilitate citizen feedback, especially from youth.

(e)Recognize and support youth-led initiatives that promote transparency and accountability in public finance management.

In conclusion, while the Constitution of Kenya provides a strong foundation for citizen participation, including youth, in fiscal governance, more targeted efforts are needed to fully harness the potential of young people as agents of transparency and accountability in public finance management. By empowering youth and creating enabling environments for their engagement, Kenya can strengthen the integrity of its public finance systems and accelerate socio-economic development, Ajibika Leadership Program is a good start for the government to collaborate and partner with.