Introduction
The Public Participation Bill, 2025 seeks to establish a national framework for public participation in Kenya. Its main objective is to give practical effect to the constitutional principle of participation of the people in governance by creating a structured process through which the public can contribute to public policy decisions and the enactment of legislation. The Bill is founded on various constitutional provisions, including Articles 1, 10, 35, 69, 118, 174, 184, 196, 201 and 232. It also concerns county governments, recognising that public participation is required at both national and county levels.
Meaning and Scope of Public Participation
The Bill defines public participation as the process of involving the public in making or implementing public policy decisions, including the enactment of legislation. It therefore goes beyond simply holding public meetings and encompasses the wider involvement of citizens in governance. The framework applies to public participation concerning public policies, law-making processes and other matters where participation is required by law.
The Bill’s purpose is consequently not to create the constitutional principle of public participation, but to provide a clear framework for putting that principle into practice.
Principles Guiding Public Participation
The Bill seeks to ensure that participation is meaningful, inclusive and accessible. The public must be given a reasonable opportunity to express its views, while the scope, depth and duration of participation should correspond to the complexity, significance and potential impact of the matter. Participation may take different forms, including written submissions, oral hearings and online platforms.
This approach recognises that public participation should not follow a rigid one-size-fits-all model. A matter with greater public impact may require a more extensive participation process.
Responsible Authorities
The Bill identifies the persons responsible for facilitating public participation within different institutions. These include the Clerk of the relevant House of Parliament, the Chief Registrar of the Judiciary, the relevant Principal Secretary in a State Department, the Governor for a county executive and the Clerk of a county assembly. Where no specific institution is identified, responsibility falls on the person or entity making or implementing the relevant public policy decision.
This allocation of responsibility creates a clear point of institutional accountability for the participation process.
The Public Participation Process
The Bill establishes a general procedure for conducting public participation. Before commencing an exercise, the responsible authority must consider factors such as the nature and impact of the matter, the number of people affected, inclusiveness, accessibility, transparency and available resources.
The public must then receive adequate notice containing information such as the subject matter, date, time, venue, duration and mode of participation. Notification may be undertaken through electronic and print media, websites, social media, public meetings and other appropriate channels.
Members of the public may participate through written or oral submissions, online platforms, public hearings, workshops, seminars and similar forums. They must also be given reasonable time to make their submissions.
Consideration of Public Views
A significant feature of the Bill is that public participation does not end once members of the public have expressed their views. The responsible authority must analyse and take the submissions into account and publish the outcome of the participation exercise.
Importantly, this does not mean that the authority is required to adopt every recommendation made by the public. Rather, the Bill requires public views to be considered as part of the decision-making process. This strengthens the idea of participation as a meaningful process rather than a mere procedural formality.
Accessibility and Access to Information
The Bill requires authorities to ensure that the public can access the participation process and relevant documents. Where participants do not understand English or Kiswahili, measures must be taken to facilitate participation in a language they understand.
However, access to information is subject to existing legal protections. Information protected under the Access to Information Act, the Kenya Defence Forces Act or any other written law cannot simply be disclosed through the participation process. The processing of personal data must also comply with the Data Protection Act.
Institution-Specific Guidelines and Parliament
The Bill allows individual institutions to develop specific public participation guidelines suited to their functions, provided that those guidelines comply with the general framework established by the Bill. The guidelines are to be published, while those relating to Parliament and county assemblies are incorporated into the Standing Orders of the relevant House or assembly.
Parliament is given specific requirements because of its legislative role. Its business and committee proceedings should be open to the public, and Parliament must facilitate public participation in its legislative and other business. Where one House has already undertaken public participation, the other may rely on the existing report or seek additional views where substantive amendments have been made. This seeks to balance meaningful participation with efficiency and avoidance of unnecessary duplication.
Safeguards, Enforcement and Other Provisions
The Bill does not limit the rights and fundamental freedoms contained in the Bill of Rights, and it also provides for the delegation of legislative power to responsible authorities to develop specific participation guidelines.
It further provides a penalty for a responsible authority that wilfully fails to comply with the principles and guidelines under the Bill, with a fine of up to KSh 500,000 upon conviction. Transitional provisions also address public participation exercises that are already underway when the proposed law comes into operation.
Conclusion
Overall, the Public Participation Bill, 2025 seeks to transform public participation from a broad constitutional requirement into a structured, accessible and accountable process. Its importance lies not merely in requiring public authorities to consult citizens, but in establishing standards for how participation should occur, who is responsible, how the public is informed and involved, how its views are considered, and how the outcome is communicated.
