The Public Participation Bill, 2025

SPECIAL ISSUE

Kenya Gazette Supplement No. 165 (National Assembly Bills No.44)

REPUBLIC OFKENYA

KENYA GAZETTE SUPPLEMENT

NATIONALASSEMBLY BILLS,2025

NAIROBI,1st October,2025

CONTENT

| Bill for Introduction into the National Assembly- | PAGE | |-----------------------------------------------------|--------| | The Public Participation Bill,2025 | 1125 |

THEPUBLICPARTICIPATIONBILL,2025 ARRANGEMENT OF CLAUSES

Clause

PARTI-PRELIMINARY

• 1-Short title.
• 2-Interpretation.
• 3-Object of the Act.
• 4-Application of the Act.
• 5-Principles ofpublic participation.

PART II-RESPONSIBLE AUTHORITIES

• 6-Responsible authorities in publicparticipation

PARTIII-GENERAL GUIDELINES FOR PUBLIC PARTICIPATION

• 7-Considerations in undertaking public participation.
• 8-Notice for public participation.
• 9-Modes of notifying the public.
• 10-Submissions during public participation.
• 11-Reasonable time.
• 12Processing of responses.
• 13-Access to public participation processes.
• 14-Access to documents.
• 15-Conduct in a forum of public participation.

PART IV-SPECIFIC GUIDELINESFORPUBLIC PARTICIPATION

• 16-Development of specific guidelines for public
• participation.
• 17-Publication of specificpublicparticipation guidelines.
• 18-Publicparticipation by Parliament.
• PARTV-MISCELLANEOUS PROVISIONS
• 19-Certain information not to be disclosed.
• 20-General penalty.
• 21-Transitional provision.

THEPUBLICPARTICIPATIONBILL,2025

A Bill for

AN ACT of Parliament to provide for the conduct of public participation; togiveeffect tothe constitutional principle of participation of the people enshrined in Articles 10 (2), 69 (1) (d), 118, 184(1) (c), 196, 201 (a) and 232(1) (d) of the Constitution; and for connected purposes

ENACTED by the Parliament of Kenya,as follows

PARTI-PRELIMINARY

• 1.This Act may be cited as the Public Participation
• Act,2025.
• 2.In this Act,unless thecontext otherwise
• requires-

"public participation"means the process of involving the public in making or implementing public policy decisions including the enactment of legislation;

"responsible authority"means the person responsible for public participation in the institutions set out under

section 6; and

"specific guidelines" means the specific public participation guidelines developed by aresponsible authority under section 16.

3. The object of this Act is to enhance, promote and 2. facilitate participation of the people in governance as provided for in Articles 10 (2), 69 (1) (d), 118, 184 (1) (c), 196,201 (a) and 232 (1)(d) of the Constitution. 4. (1) This Act applies to responsible authorities and the public with respect to publicparticipation exercises. 4. (2)A responsible authority shall facilitate public participation onmattersrelating to- 5. (a) formulation and implementation of public policies; 6. (b) law making processes; or 5. A responsible authority undertaking a public participation exercise under this Act shall be guided by the principles that-

Short title.

Interpretation.

Object of the Act.

Applicationofthe

Act.

Principles of

public participation.

• (a) public participation may be conducted through
• written submissions,oral hearings,online forums or any other method deemed appropriate to the context;
• (b) the public shall be afforded a reasonable chance to
• express their views;
• (c) the scope, depth and duration of a public participation exercise shall be commensurate with the complexity,significance and potential impact
• of the matter under consideration;and
• (d) public resources shall be used in a prudent and responsible manner.

PARTII-RESPONSIBLEAUTHORITIES

6. The responsible authorities for the purposes of this 2. Act shall be- 3. (a) in the case of Parliament, the Clerk of the relevant 4. House; 5. (b) in the case of the Judiciary, the Chief Registrar of the Judiciary; 6. (c) in the case of the Office of the Attorney-General, 7. the Attorney-General; 8. (d) in the case of the Office of the Director of Public Prosecutions, the Director of Public Prosecutions; 9. (e) in the case of a State Department, the relevant Principal Secretary; 10. (f) in the case of a Constitutional Commission or an Independent Office,the Secretary or the Chief Executive Officer; 11. (g) in the case of a State corporation, the Chief Executive Officer; 12. (h) in the case of a county assembly, the Clerk of the county assembly; 13. (i) in the case of a county executive, the county 14. Governor;and 15. (j) in any other case, the person or entity making or 16. implementing a public policy decision.

Responsible authorities in public participation.

PART III-GENERAL GUIDELINES FOR PUBLIC PARTICIPATION

• 7.A responsible authority shall in undertaking public participation,consider-
• (a) the nature of the matter under consideration;
• (b) the urgency of the matter under consideration;
• (c) the impact of the matter on the public;
• (d) the need for inclusive and effective representation;
• (e) the number of persons likely to be affected;
• (f) the ability of the members of the public to access the necessary information and thepublic participation forum;
• (g) the integrity and transparency of the process;
• (h) the financial and human resources available;and
• (i) any other relevant considerations.
• 8.(1)A1 responsibleauthority shall,before undertaking a public participation exercise, notify the public of the exercise.
• (2) A notice under subsection (1) shall include the venue,date,time and mode of the public participation
• exercise.

9. (1) A responsible authority may notify the public of the public participation exercise through—

• cmedia including television,radio
• (a) electronic stations,internet or mobile phones;
• (b)official websites and social media platforms;
• (c) public meetings;
• (d) public notice boards;or
• (e) print media.
• (2) A public participation notice under sub-section (1)
• shall state-
• (a) the subject matter of the public participation;
• (b) the duration of the public participation exercise;
• and
• (c) whether submissions may be made orally,in writing or both.

Considerations in undertaking public participation.

Notice for public

participation.

Modes of notifying the public.

• 10.The submissions at a public participation exercise may be made-
• (a) in writing by way of memoranda or letters;
• (b) orally;
• (c) through online platforms; or
• (d) at public hearings, workshops, seminars and conferences.
• 11.A responsible authority shall allow reasonable time for the public to make submissions during a public participation process.
• 12.(1) A responsible authority shall analyse and take
• into account the submissions received from the public.
• (2) A responsible authority shall publish the outcome of the publicparticipation exercise.
• 13.(1) A responsible authority shall ensure that the public has access to the publicparticipation process and the opportunityto giveviewson the matter under
• consideration.
• (2) Where a responsible authority holds a public hearing and the participants are not conversant with English or Kiswahili language,the responsible authority shall take measures to conduct the exercise in a language that the participants understand.
• 14.A responsible authority shall facilitate the public with access to the documents relating to the matter under consideration in a publicparticipation exercise.
• 15.(1) A person who attends a public participation forum shall be courteous,respectful and civil.
• (2)A responsible authority shall facilitate the maintenance eof order during the conduct of public participation.

PARTIV-SPECIFIC GUIDELINES FOR PUBLIC

PARTICIPATION

• 16.(1) A responsible authority may develop specific guidelines for the conduct of public participation by the respective institution.
• (2) The specific guidelines on public participation developed by a responsible authority shall comply with the general guidelines set out in Part Ill of this Act.

Submissions during public participation.

Reasonabletime.

Processing of responses.

Access to public participation

processes.

Access to documents.

Conduct in a

forum of public participation.

Development of

specific guidelines for public participation.

• 17.A responsible authority shall publish in the
• Gazette, the specific guidelines on public participation developed pursuant to section 16:

Provided that in the case of Parliament and county

assemblies,such guidelines shall be incorporated in the Standing Orders of the respective House of Parliament or county assembly.

• 18.(1) Pursuant to Article 118(1) of the Constitution,
• Parliament shall-
• (a) conduct its business in an open manner, and its sittings and those of its committees shall be open to the public; and
• (b) facilitate public participation and involvement in the legislative and other business of Parliament
• and its committees.
• (2) Where a Committee of one House of Parliament has conducted public participation on a Bill,a Committee
• of the other House of Parliament may-
• (a) rely on the report tabled by the Committee of the originating House; or
• (b) seek additional views on the Bill with respect to substantive amendments made to the Bill during
• its consideration.
• (3) A committee of the originating House may hold a joint public participation exercise with the corresponding committee of the other House with respect to a Bill originating from the Partyformingthe National Government.
• (4) A committee of a House of Parliament may take measures to avoid duplicatingpublic participation
• conducted by a committee of the originating House.

PARTV-MISCELLANEOUSPROVISIONS

19. (1) A responsible authority undertaking public 2. participation under this Act shall not disclose information protected under section 6 of the Access to Information Act, sections 48 and 49 of the Kenya Defences Forces Act or any other written law.

• (2) A responsible authority processing personal data under this Actshall complywith theData Protection Act.

Publication of specific public participation guidelines.

Public participation by Parliament.

Certain information not to be disclosed.

Cap.7M. Cap.199.

Cap.411C.

• 20.A responsible authority who,in conducting public participation, wilfully fails to adhere to the principles and guidelines set out under this Act commits an offence and shall be liable,upon conviction,to a fine not exceeding five hundred thousand shillings.
• 21.A public participation exercise in progress at the commencement of this Act shall proceed so far as possible in accordance with this Act.

General penalty

Transitional provision.

MEMORANDUM OF OBJECTSAND REASONS

Statement of the Objects and Reasons for the Bill

The principal object of the Bill is to provide a framework for

effective public participation. The Bill gives effect to the Constitutional principle of participation of the people enshrined in Articles 1,10,35,69, 118,174,184,196,201,and 232 of the Constitution.The Bill also provides guiding principles to be adhered to by institutions conducting public participation.The Bill further designates the responsible authorities for purposes of the development of specific guidelines for public participation in each public institution.

Part I contains preliminary provisions and includes the short title, interpretation,object of the Act,application of the Act and principles of public participation.

Part I designates the responsible authorities for the purpose of

implementation of the Act.

Part IlI provides for general guidelines for public participation and includes provisions on considerations in undertaking public participation, notice for public participation,modes of notifying the public,submissions during public participation, reasonable time, processing of responses, access to public participation processes,access to documents and conduct in a forum of public participation.

Part IV provides for specific guidelines for public participation and includes provisions on development of specific guidelines for public participation,publication of the specific public participation guidelines and public participation by Parliament.

Part V contains miscellaneous provisions which provide for certain

information not to be disclosed,general penalty and transitional provisions.

Statement on the delegation of legislative powers and limitation of

fundamental rights and freedoms.

The Bill delegates legislative powers to the responsible authority to

make specific guidelines for public participation.

The Bill does not limit any of the rights and fundamental freedoms contained in the Bill of Rights in the Constitution.

Statement as to whether the Bill concerns county governments

The Bill seeks to provide a national framework for public participation.Public participation is a constitutional requirement at all levels of government. The Bill therefore concerns county governments in terms of Articles 11o(1) (a) of the Constitution in that it contains provisions that affect the functions and powers of the county governments as set out in Paragraph 14 of Part 2 of the Fourth Schedule to the Constitution.

Statement as to whether the Bill is a money Bill within the meaning of

Article 114 of the Constitution

The enactment of this Bill may occasion additional expenditure of

public funds.

Dated the24th September,2025

OTIENDEAMOLLO,

Member of Parliament.

SAMUELCHEPKONGA,

Member of Parliament.