PETITION ON PROVISION OF ACCESS TO INFORMATION REGARDING THE APPROVED FY2024 - 2025 MIGORI COUNTY WARD-BASED BUDGET

The petition on the provision of access to information regarding the approved FY2024-2025 Migori County ward-based budget was submitted by multiple organizations, including the Mabera Social Accountability Network (MSAN). Here is a summary of the relevant details:

Petition Details:

• Title: Petition on Provision of Access to Information Regarding the Approved FY2024-2025 Migori County Ward-Based Budget
• Submitted to:
  • County Secretary: P.O. Box 195-40400, Migori; Email: info@migori.go.ke
  • Office of the Governor, Migori County Government: P.O. Box 195-40400, Migori; Email: info@migori.go.ke
  • Migori County Assembly: P.O. Box 985-40400, Suna-Migori; Email: info@migoriassembly.go.ke
• Received On: 13^th August 2024

Submitting Organizations:

1. Mabera Social Accountability Network (MSAN)
   • Email: msancbo24@gmail.com
2. Kuria West Social Accountability Network
   • Email: kuriawestsan@gmail.com
3. Ntimaru Social Accountability Network
   • Email: ntimarusancbo@gmail.com
4. Kuria East Social Accountability Network
   • Email: kesanvoices@gmail.com

Submission Date:

• Date: 13th August 2024

Key Issues Raised:

1. Lack of Access to Budget Information:
   • The Migori County Government has failed to provide the approved ward-based budget for FY 2024/2025 to the public, which hinders transparency, accountability, and public participation in governance.
2. Failure in Transparency and Public Participation:
   • The lack of disclosure of budget information obstructs effective public participation in fiscal planning and oversight, affecting the equitable allocation of resources and prioritization of community needs.
3. Unsuccessful Previous Attempts:
   • Prior efforts to access this information, including a memorandum submitted on 8th June 2024, were unsuccessful. This lack of response indicates a recurring issue in the county’s governance practices.
4. Impact on Governance:
   • Without access to budget information, residents are unable to engage meaningfully in the county’s governance processes, undermining the principles of devolution and community participation.
5. Violation of Legal and Constitutional Obligations:
   • The County Government’s failure to provide this information violates constitutional mandates regarding public access to information and public participation in governance.

Legal and Constitutional Foundation:

1. Constitution of Kenya, 2010:
   • Article 35: Right of access to information held by the State or other persons, crucial for the exercise of citizens' rights and fundamental freedoms.
   • Article 10: National values and principles of governance, including transparency, accountability, and public participation.
   • Article 174: Objects of devolution, emphasizing the involvement of communities in decision-making processes.
   • Articles 201 and 202: Principles of public finance, stressing openness and accountability in the management of public finances.
2. Access to Information Act, 2016:
   • Operationalizes the right to access information, outlining procedures for requesting and obtaining information from public entities.
3. Public Finance Management Act, 2012:
   • Emphasizes transparency and accountability in public financial management, including the preparation and dissemination of budget documents.
4. County Governments Act, 2012:
   • Mandates public access to critical county documents, including budgets, and stresses the importance of public participation in governance processes.

Prayers and Recommendations:

1. Immediate Disclosure:
   • The petitioners request that the Migori County Government immediately makes the approved ward-based budget for FY 2024/2025 accessible to the public through various platforms (online, local offices, public libraries).
2. Public Participation Framework:
   • Establish a consistent and inclusive framework for public participation in the budget process, ensuring citizens can contribute to all stages of budget formulation, review, and implementation.
3. Accountability Mechanism:
   • Implement a mechanism to hold accountable those responsible for the oversight in ensuring transparency and access to budget documents.
4. Regular Updates:
   • The county government should commit to providing regular updates on budget implementation progress, including any challenges and adjustments, to enhance public oversight.
5. Capacity Building:
   • Organize workshops and informational sessions to build residents' capacity to understand and engage with the budget process effectively.
6. Legal Compliance:
   • Ensure strict adherence to the Public Finance Management Act, 2012, and other relevant statutes in all budget-related matters to safeguard public resources.

Specific Departmental Recommendations:

1. County Treasury:
   • The Treasury Department should ensure the timely and transparent publication of all budget documents, including ward-based budgets, in accessible formats and through multiple channels.
2. Department of Public Service, Management, and Governance:
   • Develop and implement public participation frameworks, ensuring that residents are adequately informed and involved in budget processes. They should also organize regular capacity-building sessions for the public.
3. Department of Communication and IT:
   • Enhance the county’s online platforms to ensure easy access to budget documents and other critical governance information. The department should ensure that the information is updated regularly and is user-friendly.
4. County Assembly:
   • The Assembly should play an active role in ensuring that the executive complies with transparency and accountability requirements. They should also facilitate public engagement sessions to discuss budget allocations and implementations.

This detailed approach addresses the concerns raised by the petitioners, underlining the need for improved transparency, accountability, and public participation in Migori County’s governance, particularly in budget-related matters.