Report On Consideration Of The Public Participation Bill (na Bill No. 44 Of 2025)

A report of Justice And Legal Affairs (National Assembly)

Published: June 2026 · 13th

Original PDF — parliament.go.ke

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REPUBLICOFKENYA

THENATIONALASSEMBLY THIRTEENTHPARLIAMENT-FIFTHSESSION-2026

DIRECTORATEOFDEPARTMENTALCOMMITTEES

DEPARTMENTALCOMMITTEEONJUSTICEANDLEGALAFFAIRS

REPORT ON:

THECONSIDERATION OFTHEPUBLIC PARTICIPATIONBILL,2025

(NATIONAL ASSEMBLY BILL NO.44 OF2025)

CLERK'SCHAMBERS DIRECTORATEOFDEPARTMENTALCOMMITTEES PARLIAMENTBUILDINGS NAIROBI

| Table of Contents... | Table of Contents... | Table of Contents... | | |-------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------|-----| | TableofCases iv | TableofCases iv | TableofCases iv | | | Listof Annexures. | Listof Annexures. | Listof Annexures. | .vi | | Chairperson's Foreword. | Chairperson's Foreword. | Chairperson's Foreword. | VII | | CHAPTER ONE. | CHAPTER ONE. | CHAPTER ONE. | | | Preface.. | Preface.. | Preface.. | | | 1.1 | 1.1 | Establishmentofthe Committee | | | 1.2 | 1.2 | MandateoftheCommittee.. | | | 1.3 | 1.3 | Committee Membership. | 3 | | 1.4 | 1.4 | CommitteeSecretariat. | | | CHAPTERTWO | CHAPTERTWO | CHAPTERTWO | 5 5 | | 2 Overview of thePublic Participation Bill (National Assembly Bill No.44 of 2025). | 2 Overview of thePublic Participation Bill (National Assembly Bill No.44 of 2025). | 2 Overview of thePublic Participation Bill (National Assembly Bill No.44 of 2025). | 5 | | 2.1 | 2.1 | Background... | 5 | | 2.2 | 2.2 | Summaryof LegalProvisions | 6 | | CHAPTER THREE | CHAPTER THREE | CHAPTER THREE | 6 | | 3 PublicParticipationandStakeholderEngagementon theBill | 3 PublicParticipationandStakeholderEngagementon theBill | 3 PublicParticipationandStakeholderEngagementon theBill | | | 3.1 Legal Framework on Public Participation... | 3.1 Legal Framework on Public Participation... | 3.1 Legal Framework on Public Participation... | 6 | | 3.2 Modes of Public Participation .... | 3.2 Modes of Public Participation .... | 3.2 Modes of Public Participation .... | 6 | | 3.2.1 MemorandaReceivedon theBill. | 3.2.1 MemorandaReceivedon theBill. | 3.2.1 MemorandaReceivedon theBill. | 6 | | 3.2.2 PublicHearings on the Bill | 3.2.2 PublicHearings on the Bill | 3.2.2 PublicHearings on the Bill | | | 3.2.3 Stakeholder Engagement on the Bill Consideration of Submissions Received on the Bill | 3.2.3 Stakeholder Engagement on the Bill Consideration of Submissions Received on the Bill | 3.2.3 Stakeholder Engagement on the Bill Consideration of Submissions Received on the Bill | 8 | | 3.3 | 3.3 | 3.3 | 8 | | 3.3.1 Submissions inSupport of the Bill | 3.3.1 Submissions inSupport of the Bill | 3.3.1 Submissions inSupport of the Bill | 9 | | 3.3.2 Submissions onProposed Amendments. | 3.3.2 Submissions onProposed Amendments. | 3.3.2 Submissions onProposed Amendments. | 42 | | 3.3.3 General Submissions on the Bill 3.3.4 New Proposals | 3.3.3 General Submissions on the Bill 3.3.4 New Proposals | 3.3.3 General Submissions on the Bill 3.3.4 New Proposals | 43 | | | | | 47 | | 3.3.5 Reservations on the Bill. | 3.3.5 Reservations on the Bill. | 3.3.5 Reservations on the Bill. | .49 | | CHAPTERFOUR | CHAPTERFOUR | CHAPTERFOUR | .49 | | 4 PublicHearings in the Counties | 4 PublicHearings in the Counties | 4 PublicHearings in the Counties | .49 | | 4.1 | Background Information | Background Information | .49 | | 4.2 PublicHearings at the Counties | 4.2 PublicHearings at the Counties | 4.2 PublicHearings at the Counties | .49 | | 4.2.1 Mombasa County.... | 4.2.1 Mombasa County.... | 4.2.1 Mombasa County.... | | | 4.2.2 Kwale County.... | 4.2.2 Kwale County.... | 4.2.2 Kwale County.... | .50 | | 4.2.3 Kilifi County.. | 4.2.3 Kilifi County.. | 4.2.3 Kilifi County.. | .50 | | 4.2.4 Tana River County.... | 4.2.4 Tana River County.... | 4.2.4 Tana River County.... | 51 | | 4.2.5 | | Isiolo County.... | 52 | | 4.2.6 Meru County..... | 4.2.6 Meru County..... | 4.2.6 Meru County..... | 53 | | Report of the Departmental Committee on Justice and Legal Affairs on its consideration ofthe Public Participation Bill (National Assembly Bill No.44of2025) | Report of the Departmental Committee on Justice and Legal Affairs on its consideration ofthe Public Participation Bill (National Assembly Bill No.44of2025) | Report of the Departmental Committee on Justice and Legal Affairs on its consideration ofthe Public Participation Bill (National Assembly Bill No.44of2025) | |

| 4.2.7 | EmbuCounty..... 54 | |----------------------------------------------------|------------------------------------------| | 4.2.8 | Machakos County.. 55 | | 4.2.9 | Makueni County..... 56 | | 4.2.10 | Nyeri County.. 57 | | 4.2.11 | Kiambu County.... 58 | | 4.2.12 | Uasin Gishu County..... 59 | | 4.2.13 | LaikipiaCounty.... .60 | | 4.2.14 | Nakuru County... 61 | | 4.2.15 | Kajiado County.... 61 | | 4.2.16 | Kericho County... .62 | | 4.2.17 | Kakamega County... .63 | | 4.2.18 | Vihiga County.. 64 | | 4.2.19 | Bungoma County..... .65 | | 4.2.20 | Busia County ... .66 | | 4.2.21 | Kisumu County..... .67 | | 4.2.22 | Kisii County.... .68 | | 4.2.23 | Nyamira. County... .68 | | 4.2.24 | Nairobi County... 70 | | 4.3 ConsiderationoftheViewsReceived attheCounties. | .70 | | 4.3.1 CommitteeObservations. .70 | 4.3.1 CommitteeObservations. .70 | | 5 CommitteeObservations.. .73 | 5 CommitteeObservations.. .73 | | CHAPTERSIX .75 6 | CHAPTERSIX .75 6 | | CommitteeRecommendations. .75 | CommitteeRecommendations. .75 | | CHAPTERSEVEN. .76 7 ScheduleofAmendments | CHAPTERSEVEN. .76 7 ScheduleofAmendments |

TABLEOFCASES

BritishAmericanTobaccoKenya,PLCvCabinetSecretaryfor theMinistryof Healthand Others [2019]eKLR

InstituteforSocial AccountabilityvNational Assembly[2013] eKLR

KAPS Parking Limited and Another v County Government of Nairobi and Another [202l] eKLR

Robert N Gakuru&OthersvGovernorKiambu County&3Others[2014] eKLR

LISTOFABBREVIATIONSANDACRONYMS

| CAF | CountyAssembliesForum | |-----------|---------------------------------------------------------------------------------------------------------------| | CAJ | CommissiononAdministrativeJustice | | CBO | Community-Based Organization | | CBS | Chiefof the Order of theBurningSpear | | CEDGG | Centre for Enhancing Democracy and Good Governance | | CMD | Centre for Multiparty Democracy | | COG | CouncilofCountyGovernors | | CPGC | Coalition-for-PeaceandGenderChampions | | CRA | CommissiononRevenueAllocation | | CRBH | CoastRegional BudgetHub | | CSOs | Civil SocietyOrganizations | | CSPEN | Civil SocietyParliamentary EngagementNetwork | | DICEF | Digital CivicEmpowermentForum | | EAITA | EastAfricaInterpretersandTranslatorsAssociation | | EAWS | EastAfricanWildlifeSociety | | EBS | Elderof theOrderof theBurningSpear | | EGH | ElderoftheOrderoftheGoldenHeart | | FORD | Forumfor theRestorationof Democracy | | GBV | Gender-BasedViolence | | HENNET | HealthNGOsNetwork | | JCJRA | JointCommitteeofJerichoResidentAssociations | | K-MARA | KitengelaMunicipalityAllianceofResidentsAssociations | | KBA | KenyaBankersAssociation | | KDCWG | KenyaDevolution CSOsWorkingGroup | | KELIN | KenyaLegal andEthical IssuesNetworkonHIVandAIDS | | KFWG | Kenya Forests Working Group | | KLRC | Kenya LawReformCommission | | KSMBC | KisumuSocial MovementandBudgetChampionsforMuunganowaWanavijji | | KWF | KenyaWetlandsForum | | LSK | Law Society of Kenya | | MCCP | Maendeleo Chap Chap Party | | MCK | Media Council of Kenya | | MP | MemberofParliament | | NAYA | NetworkforAdolescentandYouthofAfrica | | NC-POCI | Nakuru CountyPublicOpinion ConsultativeInititiave | | NECSA-K | National Environment Civil SocietyAlliance of Kenya | | NEC | Nairobi Eastern and Central Regional BudgetHub | | NGAO | National GovernmentAdministration Officers | | NGEC | National GenderandEqualityCommission | | NGOs | Non-Governmental Organizations | | ODM | OrangeDemocraticMovement | | ODPC | OfficeoftheDateProtectionCommissioner | | OGW | Orderof theGrandWarrior | | PWDs | PersonswithDisabilities | | SC | SeniorCounsel | | SCCSN | SiayaCountyCivil SocietyNetwork | | TISA | TheInstituteforSocialAccountability | | UDA | UnitedDemocraticAlliance | | UDM UNCRC | UnitedDemocraticMovement | | UNCRPD | United Nations Conventionon theRightsof theChild UnitedNationsConventionon theRightsofPersonswithDisabilities |

Report of the Departmental Committee on Justice and Legal Affairs on its consideration of the Public iv ParticipationBill(NationalAssemblyBillNo.44of2025)

WDM

WiperDemocraticMovement

WIRE

WomeninRealEstate

WPA-K

Women'sPolitical Alliance-Kenya andCoalitionof CSOsonInclusiveGovernance

WWF

WorldWildlifeFund

YAA

TheYouthAgendaand Nairobi CommunityofPractice

LISTOFANNEXURES

AnnexureI:Adoption Schedule

Annexure2:Minutes

Annexure3:PublicParticipationBill,2025

Annexure 4:Advertisement inviting the public to submit memoranda on theBill and attend the publichearings

Annexure 5:Letter from the Clerk of the National Assembly inviting stakeholders toattend the publicparticipationforum

Annexure-6:Memorandaby Stakeholders

CHAIRPERSON'SFOREWORD

This Report contains the proceedings of the Departmental Committee on Justice and Legal Affairs on its consideration of the Public Participation Bill (National Assembly Bill No. 44 of 2025). The Bill was read aFirstTimein theHouseon4hNovember2025andcommittedto theCommitteetofacilitatepublic participation.

the 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 outlines guiding principles tobe adhered to by institutions conductingpublicparticipation andfurther designatestheresponsible authoritiesforpurposesofthe

In compliance with Article 118(b) of the Constitution and Standing Order 127(3),the Committee undertook public participation in three ways: inviting submission of memoranda; holding public hearings andconsultingrelevantstakeholdersandexperts.

On5thNovember2025,theCommitteeplacedan advertisementin theprintmediainvitingthepublic tosubmitmemorandabywayofwrittenstatementsontheBill.Subsequently,on2ndMarch2026,the Committee placed another advertisement inviting the public to attend public hearings and submit African Time).By the close of the submission deadline, the Committee had received a total of eightycountypublichearings.

To this end, therefore, the State Department for Justice,Human Rights and Constitutional Affairs; Kenya Law Reform Commission (KLRC);Commission on Administrative Justice (CAJ);Commission on Revenue Allocation (CRA); National Gender and Equality Commission (NGEC); Office of the Date Protection Commissioner (ODPC); Council of County Governors (COG); County Assemblies Forum (CAF); Law Society of Kenya (LSK); Katiba Institute; CM Advocates LLP; Centre for Multiparty Democracy (CMD); Kenya Bankers Association (KBA); Media Council of Kenya (MCK); East Africa Interpreters and Translators Association(EAITA);WomeninReal Estate(WViRE);Kenya Legal and Ethical Issues Network on HIV and AIDS (KELIN);Kenya Devolution CSOs Working Group (KDCWG); the East African Wildlife Society (EAWS) in partnership with the World Wildlife Fund (WWF)and conservationstakeholders including theKenya Wetlands Forum(KWF),Kenya Forests Working Group (KFWG) and the National Environment Civil Society Alliance of Kenya (NECSA-K) {EAWS and other conservation stakeholders hereinafter};Coast Regional Budget Hub(CRBH);Siaya County Civil Society Network (SCCSN); The Institute for Social Accountability (TiSA); Nairobi Eastern and Central Regional Budget Hub (NEC Hub); Joint Committee of Jericho Resident Associations (JCJRA);Kitengela Municipality Alliance of Residents Associations (K-MARA);Oxygene;WeCare YouthOrganization;Women'sPolitical Alliance-Kenya and Coalitionof CSOsonInclusiveGovernance Youth Agenda and Nairobi Community of Practice (YAA); Uamuzi Foundation; The Economic and HealthNGOsNetwork(HENNET);MauMauChildrenPostColonialElites;NetworkforAdolescent CBO;BungeMashinani Initiative;MtotoNewsInternational;UmojaEbenezerCBO;Kisii CSOs Network;KisumuSocial MovementandBudgetChampionsforMuunganowaWanavijji (KSMBC); VihigaCSOsNetwork;Vihiga RighttoFoodAmbassadors;Centrefor EnhancingDemocracyand Good Governance (CEDGG); Nakuru County Public Opinion Consultative Inititiave (NC-POCl); Rev. Simion Kipkogei; Said Kassim; Patrick Ang'asa; Jimson Mwikamba; Ndata Julius; Emily J. Ngwiri; Mukami Gichane; Jane Mukami; Eric Alividza; Petterson Kitoo; Daniel Muchai Karigi; Mogire Michaels; Stacy Konyino; Benard Siloma; James Mritu; Teresia Karanja; Ndiritu Hannah Wangui; Jones Kyalo Kisese;

Report of the Departmental Committee on Justice and Legal Affairs on its consideration of the Publicvi ParticipationBill (National AssemblyBill No.44of2025)

Nasambu Flavia;Benson Caxton Magero;Nderitu Nduba;AlexKibunjaWanjiku;Boniface Odhiambo Oking';Jaine Kalibo;Nicolette Kurwa;AlbertWanjeri;Christine LornaAbwanji;MK Mbugua;Kelvin Saitoti;RosemaryKaranja;Edwin Otieno Owino;CatherineWaithera;AishaKibwana;Fredrick Bundi Kirianki; Njeri Wamwea; Hilaria Mluli Farrar; Akiolo; a young Kenyan legal professional and advocate for civic participation; and other members of the public gave their views on the Bill which the Report.

Furthermore,videletter\_referencedNA/DDClLAC/2026/30\_dated17h March2026invitedkey stakeholders to submit views on the Bill and attend a public participation forum on Friday 27th March

In addition, the Committee conducted a public hearings' exercise from Monday 23rd March to Saturday River, Isiolo,Meru,Embu,Machakos,Makueni,Nyeri,Kiambu,Uasin Gishu,Laikipia,Nakuru,Kajiado Kericho, Kakamega, Vihiga, Bungoma, Busia, Kisumu, Kisi, Nyamira and Nairobi. The Committee consideredtheviewsreceivedwhicharecontained inChapterFourof thisReport.

While considering the Bill, the Committee observed that public participation is an indispensable element of democracy that binds all State organs,State officers,public officers and all persons making conduct of public participation by codifying the standards and guidelines necessary for effective and meaningfulpublicparticipation.

TheCommittee isgratefulto theOfficesof theSpeaker andClerkof theNationalAssemblyfor the logistical and technical support accorded to it during its consideration of the Bill.

TheCommitteefurtherwishesto thankall stakeholdersandmembersofthepublicwhosubmitted theirviewsontheBill.

Finally,Iwish toexpressmyappreciation to theHonourableMembersof theCommitteeand the CommitteeSecretariatwhosatforlonghours andmadeuseful contributionstowardsthepreparation andproductionofthisReport.

Onbehalfof theDepartmental Committeeon Justice and Legal Afairsandpursuanttotheprovisions of the Committee on its Consideration of thePublicParticipation Bill (National Assembly Bill No.44 of 2025).

It ismypleasure toreport that the Committeehas considered thePublicParticipationBill(National AssemblyBill No.44of2025)andhas thehonour toreportbackto theNationalAssemblywith the

@rrqar-

Hon.Murugara George Gitonga,MP

Chairman,Departmental CommitteeonJusticeand LegalAffairs

PREFACE

1.1 EstablishmentoftheCommittee

I. TheDepartmental CommitteeonJustice and Legal Affairsisoneof twentydepartmental committeesof theNational AssemblyestablishedunderStandingOrder 2I6whose mandatepursuanttotheStandingOrder216(5)isasfollows:

2. (a)To investigate,inquire into,and report on all matters relating to the mandate, management, activities, administration,operations and estimates of the assigned ministriesanddepartments; 3. (b)To study the programme and policy objectives of ministries and departments and the effectivenessoftheimplementation; 4. (c)To,ona quarterlybasis,monitor andreportonthe implementationofthenational budget inrespectofitsmandate; 5. (d) To study andreview all legislationreferred toit; 6. (e)Tostudy,assess and analysetherelative success of the ministries and departments as 7. Toinvestigateandinquireintoallmattersrelating totheassignedministriesand departments as they may deemnecessary,and as may be referred tothemby the House; 8. (g Tovetandreportonall appointmentswhere theConstitutionor anylawrequires the National Assembly to approve, except those under Standing Order 204(Committee on Appointments); 9. ) To make reports and recommendations to the House as often as possible, including recommendationsofproposedlegislation; 10. (h) To examine treaties, agreements and conventions; 11. To consider reports of Commissions and Independent Offices submitted to the House pursuant totheprovisions ofArticle254of theConstitution;and 12. (k)To examine any questions raised by Members on a matter within its mandate.

1.2MandateoftheCommittee

2.In accordance with the Second Schedule of the Standing Orders,the Committee is mandatedtoconsider:
a) The Judiciary;
c) Access to Justice;
b) Tribunals;
(P Public prosecutions;
e) Ethics,Integrity andAnti-corruption;
f Correctional services;
g) Community service orders andwitnessprotection;
h) Constitutional Affairs;
i) Sovereign immunity;
Elections includingreferenda;
k) Human rights;
1) Political parties; and
m) The State Law Office including insolvency, law reform, public trusteeship, marriages andlegal education.

3. In executing its mandate, the Committee oversights the following Ministries, Departments and Agencies:

CHAPTERONE

a
b) Judicial Service Commission;
The Judiciary;
State Departmentfor Correctional Services;
(P StateLawOfficeandDepartmentofJustice;
e) StateDepartmentforJustice,HumanRights and Constitutional Affairs;
f) Office of theDirectorofPublicProsecutions;
g Ethics-and-Anti-CorruptionCommission,
h) Independent Electoral and Boundaries Commission;
i Commission on AdministrativeJustice;
k) Witness Protection Agency;
j) Officeof theRegistrarofPolitical Parties;
I)Kenya National Commission onHuman Rights;
m) Kenya Law Reform Commission; and
n) Council of Legal Education.

1.3 Committee Membership

4. TheCommitteecomprisesthefollowingMembers:

Chairperson

Hon.Murugara George Gitonga,CBS,MP Tharaka Constituency UDA Party

Vice-Chairperson Hon.MutuseEckomasMwengi,OGW,MP Kibwezi West Constituency MCCP Party

Hon. Gladys Boss, MGH, MP Uasin Gishu Constituency UDA Party

Hon. Onyiego Silvanus Osoro, CBS, MP South Mugirango Constituency UDA Party

Hon.Wetang'ulaTimothyWanyoyi,CBS,MP WestlandsConstituency ODM Party

Hon.Muchira Michael Mwangi, MP Ol Jorok Constituency UDA Party

Hon. Makali John Okwisia, MP Kanduyi Constituency FORD-Kenya

Hon.Timothy Kipchumba Toroitich,MP Marakwet West Constituency Independent

Hon.CPA SulekaHulbaleHarun,MP Nominated Member UDM Party Hon.Maalim Farah,EGH,MP Dadaab Constituency WDM-Kenya Hon. Francis Kajwang' Tom Joseph, CBS, MP Ruaraka Constituency ODM Party Hon.(Dr.) Otiende Amollo,SC,EBS,MP Rarieda Constituency ODM Party Hon.Aden Daud,EBS,MP WajirEast Constituency Jubilee Party Hon.Mogaka Stephen M.,MP West Mugirango Constituency Jubilee Party Hon. Harold Kimuge Kipchumba, MP Nominated Member ODM Party

1.4 CommitteeSecretariat

5. TheCommitteeisfacilitatedbythefollowingstaff:

Mr.AhmedSalimAbdalla ClerkAssistantI/HeadofSecretariat

Mr.Ronald Walala

Mr.AbdikafarAbdi

Principal Legal Counsel

ClerkAssistantIII

Mr. Samuel Wanjiru

Mr.OmarAbdirahim

ClerkAssistantIII

Fiscal Analyst I

Mr.Isaac Nabiswa Legal Counsel II

Ms. Vivienne Ogega ResearchOfficerIll

Mr. John Nduaci

Ms. Rahab Chepkilin

Serjeant-At-Arms

AudioOfficerIll

Ms.Mary Kamande

Mr. Calvin Karung'o MediaRelationsOfficerIll

PublicCommunicationsOfficerIlI

CHAPTERTWO

2 OVERVIEW OF THEPUBLICPARTICIPATION BILL(NATIONAL

ASSEMBLYBILLNO.44OF2025)

2.1 Background

6. The Bill, co-sponsored by the Hon. (Dr.) Otiende Amollo, SC, EBS, CBS, MP and the Hon. Samuel Chepkonga, CBS, MP, was read a First Time in the House on 4h November 2025 (Annexure 3).Itwas thereafter committed to the Committee in linewithStandingOrder 127(l)of theNational AssemblyStandingOrders.

2.2 Summary of Legal Provisions

7. effect to the principle of participation of the people as enshrined in Articles I, 10, 35, 69, 118,174,184,196,201and232oftheConstitution. 8. Inparticular: 3. (a)Part I of the Bill provides for preliminary provisions including the definition of public participation, the objects of the Act, the application of the Act and the principles of public participation. 4. (b) PartIlof theBillprovidesfor theresponsible authoritieswho arethepersons responsible for public participation in public entities. 5. Part Ill of the Bill sets out the general guidelines for public participation which includerequirementof notification,modesof notification,modesofsubmittingviews, processing of views,access to public participation process and documentation and conductofthepublicinapublicparticipationforum. 6. (d)Part IV of the Bill provides for specific guidelines for public participation where a responsible authority may develop and publish specific guidelines for the conduct of publicparticipationwhichshouldcomplywith thegeneralguidelines. 7. (e)PartVof the Billprovidesfor miscellaneousprovisions suchas non-disclosure of certain information when undertaking public participation; the offence of failing to adhere to the principles and guidelines in undertaking public participation and transitional provision to carter forpublicparticipation exercise that is in progress.

CHAPTERTHREE

PUBLICPARTICIPATIONANDSTAKEHOLDERENGAGEMENTON THEBILL

3.1 Legal Framework on Public Participation

9. ArticleIl8(1)(b)of theConstitutionprovides that:

"Parliament shall-facilitate-public-participation-and-involvement-in-the legislative-and-other businessofParliament anditsCommittees."

10.The National Assembly Standing Order I27 (3) and (3A) stipulates that:
"(3)TheDepartmentalCommittee towhichaBilliscommittedshallfacilitatepublic
(a) inviting submission of memoranda;
(c) consultingrelevant stakeholders in a sector;and
(b) holding public hearings;
(d) consulting experts on technical subjects.
(3A)TheDepartmentalCommitteeshall takeintoaccounttheviewsandrecommendations of the public under paragraph (3) in its report to the House."

3.2Modes of PublicParticipation

Il1.In accordance with the aforementioned provisions of the law, the Committee undertook public participation in three ways:inviting submission of memoranda;holding public hearings;and consulting stakeholders and experts in the governance and justice sector.

3.2.lMemorandaReceivedontheBill

12.Vide advertisements in the print media on 5 November 2025 and 2nd March 2026 (Annexure 4),theCommittee invited thepublic tosubmit memorandabywayofwritten statementson theBill.Thewrittensubmissionsweretobesubmitted to theClerkofthe National Assembly through:
(b) electronic mail (cna@parliament.go.ke); and
(a)postal mailonP.OBox41841-00100,Nairobi;
(c)hand delivery to Main Parliament Buildings, Nairobi or the 290 Constituency Offices-for\_Members-of-the-National-Assembly-or-the47County-Women Representative Offices for Members of the National Assembly.

13. To this end, the Committee received seventy-four (74) memoranda from the State DepartmentforJustice,Human Rights and Constitutional Affairs;Kenya Law Reform Commission (KLRC); Commission on Administrative Justice (CAl); Commission on Revenue Allocation (CRA); National Gender and Equality Commission (NGEC); Office of the Date Protection Commissioner (ODPC); Council of County Governors (COG); County Assemblies Forum (CAF); Law Society of Kenya (LSK); Katiba Institute; CM Advocates LLP; Centre for Multiparty Democracy (CMD); Kenya Bankers Association (KBA);Media Council of Kenya (MCK);East Africa Interpreters and Translators Association (EAITA); Women in Real Estate (WVIRE); Kenya Legal and Ethical Issues Network on HIV and AIDS (KELIN); Kenya Devolution CSOs Working Group WildlifeFund(WWF)andconservation stakeholders including theKenya Wetlands Civil Society Alliance of Kenya (NECSA-K) {EAWS and other conservation stakeholders hereinafter); Coast Regional Budget Hub (CRBH); Siaya County Civil Society Network

(SCCSN);The Institute for Social Accountability (TISA);Nairobi Eastern and Central Regional Budget Hub (NEC Hub);Joint Committee of Jericho Resident Associations (JCJRA); Kitengela Municipality Alliance of Residents Associations-(K-MARA); Oxygene; WeCareYouthOrganization;Women'sPoliticalAlliance-Kenya andCoalitionof CSOs on Inclusive Governance (WVPA-K); Civil Society Parliamentary Engagement Network (CSPEN);Yellow Rose Kenya Limited;The Youth Agenda and Nairobi Community of Practice (YAA);Uamuzi Foundation;The Economic and Social Rights Centre(Haki Jami); PAWA Initiative;All Saints'Cathedral Church;Bajeti Hub;DICEF;Health NGOs Network (HENNET); Patrick Ang'asa; Jimson Mwikamba; Ndata Julius; Emily J. Ngwiri; Mukami Michaels;StacyKonyino;Benard Siloma;James Mritu;Teresia Karanja;Ndiritu Hannah Wangui; Jones Kyalo Kisese; Nasambu Flavia;Benson Caxton Magero; Nderitu Nduba; Alex Kibunja Wanjiku; Boniface Odhiambo Oking'; Jaine Kalibo; Nicolette Kurwa; Albert Otieno Owino;Catherine Waithera;Aisha Kibwana;Fredrick Bundi Kirianki;Njeri Wamwea; Akiolo; and a young Kenyan legal professional and advocate for civic participation.The memoranda are annexed to this Report as Annexure 6.

3.2.2Public Hearings on the Bill

14.Vide an advertisement in the print media on Monday 2nd March2026,the Committee pi s nd o nd March 2026 in twenty-four (24) counties, namely, Mombasa, Kwale, Kilifi, Tana River, Isiolo,Meru,Embu,Machakos,Makueni,Nyeri,Kiambu,Uasin Gishu,Laikipia,Nakuru, Kajiado, Kericho, Kakamega, Vihiga, Bungoma, Busia, Kisumu, Kisii, Nyamira and Nairobi. The Committee considered the views received as contained in Chapter Four of this Report.

15. During the public hearings, the Committee received fifteen (15) memoranda from Mtoto NewsInternational;SheriaWatch;Bunge Mashinani Initiative;Network for Adolescent andYouthofAfrica(NAYA);SaidKassim;MauMau ChildrenPostColoniaElites;Coalition for Peace and Gener Champions(CGPC);Umoja Ebenezer CBO Nyamira;Vihiga Right to Food Ambassadors; Kisumu Social Movement and Budget Champions for Muungano wa Wanaviji;Vihiga CSOs Network;Kisii CSOs Network;Nakuru County Public Opinion Consultative Initiative (NC-POCl);Centre for Enhancing Democracy and Good Governance(CEDGG);andRev.SimionKipkogei.

3.2.3Stakeholder Engagement on the Bill

16. The Committee vide letter referenced NA/DDCljLAC/2026/30 dated 17th March 2026 (Annexure5) invited key stakeholders and experts to submitviewson the Bill and attend a public participation forum on Friday 27h March 2026 at 2.00pm at the Mini Chamber, Ist Floor,County Hall, Parliament Buildings. 17. Consequently, the Office of the Solicitor-General; State Department for Justice,Human Rightsand Constitutional Affairs;KenyaLawReform Commission (KLRC);Commission on Administrative Justice (CAJ); County Assemblies Forum (CAF); Katiba Institute; and the Centre for Multiparty Democracy (CMD) attended the public participation forum and submittedtheirviewsontheBill

3.3ConsiderationofSubmissionsReceivedontheBill

18.As at the time of the adoption of this Report, the Committee had received submissions from the Office of theSolicitor-General,StateDepartmentforJustice,HumanRights and Constitutional Affairs; Kenya Law Reform Commission (KLRC); Commission on Administrative Justice (CAJ); Commission on Revenue Allocation (CRA); National Gender and Equality Commission(NGEC);Office oftheDateProtection Commissioner(ODPC); Council of County Governors(COG); County AssembliesForum(CAF);LawSociety of Kenya (LSK); Katiba Institute; CM Advocates LLP; Centre for Multiparty Democracy Interpreters and Translators Association (EAITA);Women in Real Estate (WVIRE);Kenya s Working Group (KDCWG); the East African Wildlife Society (EAWS) in partnership with theWorldWildlifeFund(WwF)andconservationstakeholdersincludingtheKenya Wetlands Forum (KWF), Kenya Forests Working Group (KFWG) and the National Environment Civil Society Alliance of Kenya (NECSA-K) {EAWS and other conservation Network (SCCSN); The Institute for Social Accountability (TISA); Nairobi Eastern and Associations (ICJjRA); Kitengela Municipality Alliance of Residents Associations (KMARA); Oxygene; WeCare Youth Organization; Women's Political Alliance-Kenya and Coalition of CSOs on Inclusive Governance (WPA-K);Civil Society Parliamentary Nairobi Community of Practice (YAA); Uamuzi Foundation; The Economic and Social Rights Centre (Haki Jami); PAWA Initiative; All Saints' Cathedral Church; Bajeti Hub; DICEF;Health NGOs Network (HENNET);Mau Mau Children Post Colonial Elites; Network for Adolescent and Youth of Africa (NAYA); Coalition for Peace and Gender Champions (CPGC); Maslahi ya Jamii CBO; Bunge Mashinani Initiative; Mtoto News International;UmojaEbenezerCBO;KisiiCSOsNetwork;KisumuSocial Movement and Budget Champions for Muungano wa Wanaviji (KSMBC); Vihiga CSOs Network; Vihiga Rightto Food Ambassadors;Centre for Enhancing Democracy and Good Governance (CEDGG);Nakuru County Public Opinion Consultative Inititiave (NC-POCI); Rev. Simioin Kipkogei;Patrick Ang'asa;Jimson Mwikamba;Ndata Julius; EmilyJ. Ngwiri; Mukami Gichane;Jane\_Mukami;\_Eric\_Alividza;Petterson\_Kitoo;Daniel\_Muchai\_Karigi;Mogire Michaels; Stacy Konyino; Benard Siloma; James Mritu; Teresia Karanja; Ndiritu Hannah Wangui; Jones Kyalo Kisese; Nasambu Flavia;Benson Caxton Magero; Nderitu Nduba; Alex Kibunja Wanjiku; Boniface Odhiambo Oking'; Jaine Kalibo; Nicolette Kurwa; Albert Wanjeri;Christine Lorna Abwanji;MK Mbugua;Kelvin Saitoti;Rosemary Karanja;Edwin Otieno Owino;Catherine Waithera;Aisha Kibwana;Fredrick Bundi Kirianki;Njeri Wamwea; Akiolo; Hilaria Mluli Farrar; a young Kenyan legal professional and advocate for civic participation; and other members of the public. They submitted as follows:

3.3.ISubmissions inSupportoftheBill

19.The Office of the Solicitor-General and ODPC supported the Bill in its entirety.While attending thepublicparticipationforum onFriday,27hMarch2026andvide itsletterRef No.5095/1/ll(TF)dated 26°March2026,theOfficeoftheSolicitor-General supportedtheBillinitsentiretynotingthatitdoesnotraiseanylegalorconstitutional issues.

20. Reiterating its commitment to protecting Kenyans' personal data, the ODPC vide letter RefNo.ODPC/ADM/CON/30(12)dated25tMarch2026supportedtheBillinitsentirety Cap.4llCwhenprocessingpersonaldata.

3.3.2SubmissionsonProposed Amendments

21. Vide letter Ref No. DOJ/LjM/2/143/TY(20) dated Is December 2025, the State Department for Justice, Human Rights and Constitutional Affairs noted that, in July2025,it had transmitted a Draft PublicParticipation Bill which had undergone extensive stakeholder consultations including engagements in 13 counties. As such, the State Department for Justice, Human rights and Constitutional Affirs proposed consideration of its draft to broaden the scope and operational details of the instant Bill. 22. Additionally, the State Department for Justice, Human Rights and Constitutional AffairssubmittedafurthermemorandumvideletterRef.No.DOj/LjM/2/143/TY(26) dated25tMarch2026. 23. Whilst proposing amendments to the Bill, the State Department for Justice, Human Rights and Constitutional Affairs; KLRC; CA];CRA;NGEC; ODPC;COG; CAF;LSK; Katiba Institute;CM Advocates LLP;CMD;KBA;MCK;EAITA;WIRE;KELIN;KDCWG;EAWS and other conservation stakeholders;CRBH;SCCSN;TISA;NEC Hub;JCJRA;K-MARA; Oxygene;WeCareYouthOrganization;WPA-K;CSPEN;YellowRoseKenyaLimited; YAA;Uamuzi Foundation;Haki Jami;PAWA Initiative;All Saints' Cathedral Church;Bajeti Hub;DICEF;HENNET;Mau Mau ChildrenPost Colonial Elites;NAYA;CPGC;Maslahi ya JamiiCBO;BungeMashinani Initiative;MtotoNewsInternational;UmojaEbenezerCBO; Kisii CSOs Network; KSMBC; Vihiga CSOs Network; Vihiga Right to Food Ambassadors; CEDGG;Nakuru County Public Opinion Consultative Inititiave (NC-POCI);Rev. Simion Kipkogei;Said Kassim; Patrick Ang'asa;Jimson Mwikamba; Ndata Julius; Emily J. Ngwiri; Mogire Michaels;Stacy Konyino;Benard Siloma;James Mritu;Teresia Karanja;Ndiritu Hannah Wangui; Jones Kyalo Kisese;Nasambu Flavia; Benson Caxton Magero; Nderitu Nduba;AlexKibunjaWanjiku;BonifaceOdhiamboOking';AlbertWanjeri;Christine Lorna Abwanji; MK Mbugua; Kelvin Saitoti; Rosemary Karanja; Edwin Otieno Owino; CatherineWaithera;AishaKibwana;FredrickBundiKirianki;NjeriWamwea;Akiolo;and a young Kenyanlegal professional and advocate for civicparticipation submitted as follows:

Proposed Preamble

24. Katiba Institute proposed amending the preamble to include Articles I, 174, 186 and 221(5) of the Constitution noting that all constitutional provisions that anchor public participation are critical in dictating the scope of the Bill 2. 25.SCCSNwas of theview that the Bill is not explicitly anchored in nationalpolicy and therefore, proposed that the preamble be amended to provide that the Act is to give effect to the Kenya Policy on Public Participation 2023.

CommitteeObservation

26.The Committee observed that the Bill does not contain a preamble.However, if the proposed amendment ison thelongtitle,theCommitteenoted that the idea ofpublic

participationisenshrinedintheConstitutionwhichisthesupremelawinKenya.The Kenya Policy on Public Participation (Sessional Paper No. 3 of 2023) is a policy document.

ClauseI

27. CM Advocates LLP proposed that the short title be amended to emphasize civic engagementandpublicparticipation.Thiswouldsignaladeliberateshifttowardactive citizen-involvement. 2. 28.KSMBC proposed that the title be amended to read"Public Participation and Citizen Similarly, Bunge Mashinani Initiative proposed renaming the Act to *The Civic Education are interdependent.

CommitteeObservation

29.The Committee observed that the Constitution identifies"public participation"as a engagementappearingasobjectivesof theBill.Therefore,theCommitteenotedthatit would retain the title ofthe Bill as the"PublicParticipation Bill".

Clause2

30.KLRCwas of the view that the definition of"public participation",as drafted,omits the components of citizen engagement under Article 10(2)(a)and 232(1)(d) of the Constitution.

31. Katiba Institute proposed an amendment to the definition of "public participation'" to broaden the scope toinclude auditprocesses as provided under theCountyPublic Participation Guidelines by the Ministry of Devolution and Arid and Semi-Arid Lands in line with the ongoing practice at the Office of the Auditor General and its specific department on social accountability. 32. COGproposed that the definition of"publicparticipation"be amended toprovidefora comprehensive definition and parameters on what constitutespublicparticipation. 33. CRA, CMD and CRBH proposed redefining "public participation" as defined in Sessional Paper No. 3 of 2023 for clarity and to align with the Kenya Policy onPublic Participation. 34. KELIN and CSPEN also proposed amending the definition of "public participation" to introduce public participation in audit processes aligning it to ongoing practice at the Office of the Auditor General and its specific department on social audits and social accountability.

35.Oxygene and TisA proposed amending the definition of "public participation" to prescribe what meaningful public participation is. In Oxygene's view this would be in line with thecourt'sdecision inRobertN Gakuru&OthersvGovernorKiambuCounty &3Others[2014]eKLR.
36.Patrick Ang'asa and EAwS and other conservation stakeholders proposed amending the definition of"public participation"to provide a detailed and clarified

tobeundertakeninpublicparticipation.

37. Mukami Gichane, Jane Mukami, Eric Alividza, Petterson Kitoo, Daniel Muchai Karigi, Mogire Michaels, Stacy Konyino, Benard Siloma, James Mritu, Teresia Karaja, Ndiritu Hannah Wangui, Jones Kyalo Kisese, Catherine Waithera, NasambuFlavia,BensonCaxtonMageroandEdwinOtienoOwino(hereinafter MukamiGichaneandothermembersof thepublic)submitted thatthedefinitionof'public participation' as drafted is overly broad, vague and susceptible to abuse. Thus, they proposed amending it toincorporate internationallyrecognized andconstitutionally mandatedelementsofmeaningfulpublicparticipation. 38. Sheria Watch and an anonymous young Kenyan legal professional and advocate for civic therightof thepublictobeinformed,consulted and involved in decision-makingand the duty of responsible authorities to consider, respond to and justify decisions in light of publicsubmissions. 39. WeCare Youth Organization proposed amending the definition of "public 40. All Saints' Cathedral Church proposed an amendment to the definition of "public participation" to replace the word 'or' with 'and' because when people participate in making a public policy decision, they should also participate in the implementation of such decisions to the extent practically possible. Furthermore, the Church proposed the definition of the term 'public policy decisions' to mean all decisions made by national and county governments in addressing all matters affecting the public, including policy provisions, plans, budgets and standards of service delivery. 41. All Saints' Cathedral Church also proposed including the definition of the term "legislation" as currently used in Parliament when legislation is being enacted. 42. KLRC proposed inclusion of the definition of"public participation report" to mandate enforceablestandardof accountability consistentwith theprinciple of transparency and the right of access to information in Articles 10(2)(c) and 35 of the Constitution, respectively. 43. CRBH proposed amending the definition of"responsible authority"to include a Management Act, Cap. 412A, Constitutional Commissions and Independent Offices, and political parties. In CRBH's view, this provision provides a clearer and stronger foundation for public accountability. 44. clarityas applied inclauses7(f) and14. 45. COG and CM Advocates LLP proposed defining the term "civic engagement" within the Bill to clarify its distinction from public participation and to underscore its role in

fosteringinformed,continuouscitizeninvolvement.KELIN alsoproposed inclusionofthe term'civic education' to make civic education mandatory for all State organs before decision-making.

46. WPA-K proposed the inclusion of the definition of "civic engagement" as a fundamental element ofpublicparticipationandtoalignwithArticles33,35and55of theConstitution and Access-to-Information Act, Cap. 7M. 47. Ndata Julius, Nderitu Nduba,Alex Kibunja Wanjiku, Boniface Odhiambo Oking',ChristineLornaAbwanji andAishaKibwana(NdataJuliusand other membersof thepublichereinafter)proposed insertion of clearerand inclusive definitions that recognize all persons likely to be affected by a decision, including residents, community-based groups,professional bodies,youth,women and PWDs to prevent narroworselectiveinterpretationsandensurenocitizenisexcludedfromgovernance processes.Uamuzi Foundation also proposed introducing a new clause to exclusively highlighthowthevoicesoftheyouth,PWDs,oldermembersofthesociety,minorities and marginalised groups will be incorporated. 48. KELIN and CSPEN proposed introducing the definition of "Cabinet Secretary" to provideaclearnational anchorforpolicycoordination and implementationoftheAct. 4. 49.Mtoto News International proposed inserting a new definition of"child"as per the meaning assigned insection2of theChildrenAct,Cap.141 and"child-friendly"in relation underArticle5of theUnited NationsConventionon theRightsof theChild(UNCRC) and Article 27(4) of the Constitution on equality and freedom from discrimination. 50. KELIN and CSPEN also proposed including the definition of "interested party" to ensure public participation proceedings include all persons, not just a cross-section of the public. 51. KSMBC proposed the inclusion of the definition of "public" to clear any doubt on the 52. K-MARA proposed including the definition of "resident associations" to align with Articles 10, 174 and 232 of the Constitution and the jurisprudence in the Robert N Gakuru&OthersvGovernorKiambuCounty&3Others[20l4]eKLR. 8. 53.SCCsNandWPA-Ksubmitted thatthe definitionof termsshouldbe amended toreflect 2023). 54. WPA-K also proposed the inclusion of definitions of accessibility or accessible communicationformatsforPWDstoensureinclusivityand alignwithArticle56ofthe Constitution,theUnited NationsConvention on theRights ofPersonswithDisabilities (UNCRPD)andtheDisabilityAct,2025. 55. YAA proposed adding the definition of the terms,"youth","inclusive participation", "marginalised groups" and "persons with disabilities". In YAA's view, a Bill that establishes thenational frameworkforhowcitizensengagewithgovernancecannotbesilenton the

youth; a group most structurally excluded from those processes. Hence, YAA's proposal to ensure youth participation, with specific reference to young women, youth with disabilities, youth in the informal economy and youth from marginalised communities.

56.Njeri Wamwea and FredrickBundi proposed an amendmentto define"publicpolicy", "major decision","material change", and "hybrid hearing" to trigger safeguards for highimpact decisions.In their view,the key terms are undefined; authorities can avoid
57.HENNET proposed amending the clause to add new definitions of"meaningful public participation plan","public participation report","stakeholder"and "feedback

CommitteeObservation

58.The Committee observed that the Constitution lacks a definition of the term"public participation"despite its usage in various Articles.Therefore, the Bill attempts to define "public participation" by identifying the scope of national values and principles of governance contained in Article 10 which includes participation of the people. Also, the Committee noted that the use of the word"involving"in the definition of"public involvement of the public.By doing so,the definition will cover the aspect of citizen
59.The Committee noted that the definition of"public participation"as contained in the KenyaPolicy onPublicParticipation(Sessional PaperNo.3 of 2023)widens the scope of public participation beyond the scop e discernible from the relevant Articles of the ConstitutionthattheBillseekstoactualize.

60. With respect to inclusion of the proposed new definitions, the Committee noted as follows-

(a) On the inclusion of the definition of"civic education",the Committee noted that althoughbeingcloselyrelated,civiceducation andpublicparticipation arenotthe same.Civic education is theprocess of informing and educatingcitizens about their decision-makingprocesses;
(b) On the inclusion of the definition of"public",the Committee noted that, despite itsusageintheConstitutionandotherwrittenlaws,thetermisnotdefinedand authority.

Clause3

61. The State Department for Justice, Human Rights and Constitutional Affairs proposed expanding the clause to articulate the operational goals needed to guide implementation,inclusivity andaccountability.Theadditionswould operationalize the constitutional principles by embedding accessibility, inclusivity and responsiveness into the Bill'scorepurpose.

62.LSKproposed theinclusionofareference toArticle35of theConstitutionto align the Billwith the constitutional right to access information ensuring public participation includesreasonableaccesstorelevantdocumentsaswasheldinKAPSParkingLimited andAnothervCountyGovernmentofNairobi andAnother202l] eKLR.
63.CMD recommended the replacement of the clause with a statement on the overall objectives-of-the-bill.It-was-their-view-that-the-clauseshould-be amendedto-ensure-that justtheimplementationoftheArticles.

64. KDcWG proposed amending the clause to promote the inclusion of women, youth, PWDs and other marginalized groups in accordance withKenya's regional and global commitments intheConvention on the Rights ofPersonswithDisabilities(CRPD), ConventiononEliminationof AllFormsof DiscriminationAgainstWomen(CEDAW)and AfricanCharter on theRights andWelfare of the Child.Furthermore,KDCWGproposed the inclusion of civic education and participation on devolution as an object of the Bill. 65. KELIN, CRBH, TISA, Bunge Mashinani Initiative and Mukami Gichane and othermembersofthepublicproposed includingArticles I,174(a) and(c),and221(5) of the Constitution to solidify public participation as an essential and inherent right of the people,aprimaryobjectiveofdevolutionandamandatorycomponentofthenational budgeting process, respectively. WeCare Youth Organization and KSMBC proposed inclusion ofArticle Iof theConstitution that operationalizes thepeople's sovereignty through engagement in governance. Bunge Mashinani Initiative further recommended the inclusion of an objective on the promotion and institutionalization of civic education asacoreobjectoftheBill 66. Additionally, All Siant's Cathedral Church proposed including Articles 174(c) and (d) of the Constitution as well as paragraph 14 of Part 2 of the Fourth Schedule to the Constitution on functions of county governments. In the Church's view, this would ensure

67.sCCsN was of the view that the clause,as drafted,does notreflect the full scope of participatorygovernance and,therefore,proposed amendingthe clause toincorporate the nine (9) objectives provided in the Kenya Policy on Public Participation (Sessional Paper No.3 of 2023).

68. CSPENproposed inclusion of Articles 174(c) and 222(5)of the Constitution on the importanceofpublicparticipationasanobjectofdevolution andanessentialcomponent of the national budget process among the Articles the Act intends to give effect to. CSPEN further proposed the inclusion of more objects essential in giving practical effect to the constitutionalprinciplesofpublicparticipation. 69. HENNET proposed adding a new object to explicitly align public participation with internationallyrecognizedprinciples

70.Bajeti Hubproposed amending the clause toincludeenforcementand accountabilityas acoreobjectiveoftheBill.

CommitteeObservation

71. The Committee observed that public participation is listed as one of the national values and principles of governance and that the overarching objective of the Bill is to give effect to-this-principle: 72. The Committee noted that the principle of public participation is derived from Article I on the sovereign power of the people which is delegated to State organs. Therefore, the inclusionofArticleisimperative. 3. 73.Also,theCommitteenotedthatit is necessary toincludeArticleI74(c)whichoutlines publicparticipation as an object of devolution.

Clause4

74. CRA and the State Department for Justice, Human Rights and Constitutional projects of public interest and all matters governance within the scope of the Bill to ensure transparency,accountability andcommunity ownershipfrom the outset.CRA further 2. 75.Katiba Institute proposed an amendment to sub-clause (2) to capture all the instances envisioned under Article Io(l) of the Constitution. In Katiba's view, an effort should also be made to elaborate the nature of public participation expected during the interpretation orapplicationoftheConstitution. 76. KELIN proposed inserting additional objects on key elements required for meaningful These include democracy, access to information, inclusion, budgeting, feedback and civic education. Similarly, CMD proposed the inclusion of an additional subsection to provide for public participation during the budget-making process. Further, All Saints' Cathedral Church proposed amending sub-clause (2) to add preparation and implementationofpublicplans,budgetsandstandardsforthedeliveryofpublicservices to ensure clarity on all the priority and critical public policy processes that the public shouldparticipatein. 77. KDCWG, Patrick Ang'asa, KSMBC and Bunge Mashinani Initiative proposed expanding application of the Act to include implementation of laws,policies,budgets and civic education; performance management systems; and strategic decisions relating to service delivery of thegovernment entity.In KDCWG's view,this would ensure full realizationoftheprovisionsofArticlesIandI0oftheConstitution. 78. Oxygene and CRBH proposed expanding the clause to apply to emergingpublicprivate funds. 79. Emily J. Ngwiri proposed amending the clause to expand its application to private entities. 7. 80.Kelvin Saitoti proposed that the application of the Act be expanded to include a national monitoring and evaluation framework with indicators, verification tools, annual participationreviews and apublicdigitalperformancedashboard.

8l.A young Kenyan legal professional and advocate for civic participation anonymouslyproposedthatapplicationoftheActbeexpandedtoincludeprocurement and contracting, appointment of senior public officials and performance evaluations of publicoffices.
82.MtotoNews-International proposed inclusion of a new sub-clause to provide that nothing in the Act,once enacted,limits or derogates from the rights of children to Cap.14l.
83.NjeriWamweaandFredrickBundiproposed anamendmenttomakeparticipation mandatoryforlaws,budgets and all majorpublic-resourcedecisions,includingsaleofState thereisaneedtotiethescopeprimarilytotheparentlawandrequire anyresidualscopesetting tobeadequate and justified in thepublicparticipationnotice.

CommitteeObservation

84.TheCommitteeobserved thatClause4defines thescopeof thepersonsandentitiesto whom the provisions of the Bill applies and the public participation processes that lie withinthepurviewof theBill.Theresponsible authoritieslistedunderClause6coverall State officers or public officers in the national and county levels of governance. of making and implementing public policy decisions. However, the Bill does not apply to privateindividualorentitieswhodonotmakeorimplementpublicpolicydecisionsince thiswouldinterferewiththeirprivacyandautonomy.
85.On the scope of matters to which the Bill applies to, the Committee noted that Clause 4(2)(a) covers all aspects of governance including budget making and implementation as wellasprojects.

Clause5

86.TheState DepartmentforJustice,HumanRightsand Constitutional Affairs meaningfully inclusive, transparent and responsive by anchoring the Bill on constitutional values and correcting historical patterns of exclusion.

87. Katiba Institute proposed amending the clause to require responsible authorities to employacombinationofmethodsdesignedtoreachthebroadestpossiblecross-section ofthe affectedpublic and toensurereasonableaccommodationoftheuniqueneedsof various sections of the populace, including persons with disabilities, the illiterate and marginalized communities. Further, Katiba proposed an amendment to paragraph (b) to stipulate a minimum or standard timeframe that would be regarded as"reasonable time". 88. CAJ, KELIN, CSPEN, WeCare Youth Organization, JCJRA, Sauti ya Mtaa, VihigaCsOsNetworkandVihigaRighttoFoodAmbassadorsproposedthe inclusion of civic education as an importantprerequisite for effective publicparticipation, ensuring public empowerment and sustained engagement.Similarly,CM Advocates LLP and Kelvin Saitoti proposed introducing a mandatory civic education clause requiring

both national and county governments to allocate a specific portion of their budgets and timetopre-consultationciviceducation and awarenesscampaigns.

89. Said Kassim also proposed making civic education mandatory and the use of simple and locallanguages. 90. KELIN proposed inserting additional principles of public participation to strengthen the authorities toprovide information in accessible formats, showhowpublic input has been considered and give feedback to participants. Similarly, KSMBC stated that the clause be amended to include the principle of citizen-centred engagements, efficiencies, inclusivity andtransparency,amongothers. 91. KDCWG and TISA proposed amending the clause to emulate section 87 of the County Government Act, Cap.265 on reasonable and timely access of information to promote meaningful public participation. 92. KBA proposed including a principle on sector-specific stakeholder mapping and relevantstakeholders. 93. CRBH proposed amending the clause to mimic the guiding principles outlined in the Kenya Policy on Public Participation (Sessional Paper No. 3 of 2023). In CRBH's view, the guidingprinciples in thePolicyrepresentthe comprehensive andconstitutionally aligned framework for public participation in Kenya. Similarly, SCCsN submitted that the clause be amended to incorporate all the seventeen (17) guiding principles from the Kenya Policy on Public Participation (Sessional Paper No. 3 of 2023) including inclusion of minorities and marginalized groups, provision of information in accessible formats such as braille and sign language and adequate funding and access to remedial measures. 94. Patrick Ang'asa proposed amending the clause to include access to timely information formeaningfulparticipation. 95. WPA-K and Emily J. Ngwiri proposed amending paragraph (a) to replace the word 96. WPA-K and Sauti ya Mtaa also proposed that public participation be conducted at the lowest level withthewardsbeingtheprimaryunitofengagement. 9. 97.JimsonMwikambaproposed introduction of a new sub-clause for affirmative action to requiring all responsible authorities to provide in their proposed public participation would ensure inclusivity and align the Bill to Articles 10 and I74 of the Constitution and address any social exclusion risks. Similarly, NAYA proposed an amendment to include a principle requiring equitable inclusion of youth, women, PWDs and marginalized groups. 98. All Saints' Cathedral Church proposed an amendment to adopt all the values and principles of governance as provided for in Article Io(2) of the Constitution as well as the constitutional principles on access to information.

99. WPA-K proposed including minimum standards by specifying notice periods, the 100. WeCare Youth Organization proposed amending paragraph (b) to provide that the addition, WeCare Youth Organization-submitted that paragraph-(d) be amended to provide thatabudgets forpublicparticipationbeincludedintheannual estimates of the responsible authorities in accordance with Articles 201(a), (d) and 232(1)(f) of the Constitution and the Public Finance Management Act, Cap. 412A. 101. CMD proposed an amendment to paragraph (b) to provide for thirty (30) calendar days for the public to give their views. The term "reasonable"as used in the Bill is vague and there is a need to properly outline the timelines within which the public can give their viewsaspertainscertainBills. 102. Mtoto News International proposed an inclusion of a new paragraph (e) to provide anymatterlikelytoaffectchildren,takereasonablestepstofacilitatetheirparticipation in anage-appropriatemannerconsistentlywithsection28oftheChildrenAct,Cap.141, amongother national and international provisions. 103. Mtoto News International also proposed inclusion of a new paragraph (f) to provide thatpublicresourcesallocatedforpublicparticipationactivitiesshallmakeadequate provision,wherechildrenare among the affectedpersons,for thefacilitationofchildinclusive engagement, including child-friendly materials, facilitation personnel and accessibledigitalinfrastructure. 104. NC-POCI proposed including in-camera hearings after oral hearings for security reasons run from9.00 amto4.00pm.

CommitteeObservation

T05.TheCommitteeobservedthattheprovisionsofClause5appeartobeguidelinesandnot 'guidelines" are ways in which the society act on what they believe in. Therefore, the Clause may be re-drafted to include principles such as sovereignty of the people; inclusion mattersthataffectthem.

106. On inclusion of civic education as a principle of public participation, the Committee observedthat,althoughbeingcloselyrelated,civic education andpublicparticipation are not the same.Civiceducation is theprocessofinforming andeducating citizensabout theirrights and dutieswhereaspublicparticipationis activeinvolvementof thepublicin decision-makingprocesses.

Clause6

107. KLRC proposed inserting a new sub-clause to designate a specific operational officer to act as thefocalpoint ofcontact for public participation to ensure accountability. Additionally,KLRC and CAJ recommended a new sub-clause to grant the responsible

authority delegation powers, preventing operational gaps should the primary authority be unavailable.

108. Katiba Institute proposed amendment to include national Executive organs such as the Office of the President and the Office of the Deputy President as responsible authorities, given that these offices formulate and implementnationalpublicpolicywithprofound impacts. 2. 109.KELIN andCSPENsubmitted that theclausebe amended to delete thereference to countyGovernorandsubstituteitwiththerelevantmemberofthecountyexecutive committee responsible for the matter under consideration.In its view,this would avoid centralizingpublicparticipation in the Office of the Governor,provide clarity,alignwith the County Governments Act, Cap.265 and reinforce accountability. 3. 110.KBA submitted that the clause be amended toclarify the inclusionofregulatedprivate policies. 4. Il1. EAWS and other conservation stakeholders proposed setting minimum national standardsthat all institutions shouldmeetto ensure consistency and accountability in the implementation of public participation including at the county department levels. 5. 112.CRBHproposeddeletionoftheclausesince thedefinitionof'responsibleauthority shouldbeadequatelydefined intheinterpretationclauseasproposed inclause2 above. 6. I13. SCCsN was of the view that whilst the Bill designates responsible authorities it fails to establishacoordinationarchitecturewhichwillleadtofragmentedimplementation. SCCSN thereforeproposed amendingtheclausetoembodytheinstitutionalframework in the Kenya Policy on Public Participation (Sessional Paper No. 3 of 2023). 7. II4. CM Advocates LLP proposed amending paragraph (i) to designate the County Secretary and Head of Public Service as the responsible authority for public participation at the county toensureclear accountability. 8. authoritiesintheCountyAssembliesandintheCountyExecutiveswiththerespective counties.For instance, Nairobi County which has a CECM in charge of Public Participation. 9. I16. TIsA proposed replacing the term 'responsible authority' with 'responsible state organ' tostrengthencompliancewithArticle26loftheConstitutionbyensuringthattheBill assignsobligations onlytoconstitutionallydefinedinstitutionswithlegalmandates, accountabilityframeworksandclearoversightmechanisms. 10. I17. TISA also proposed amending paragraph (i) to replace 'County Governor' with 'County ExecutiveMember'whichisbettersuited toberesponsibleforpublicparticipation citizen involvement in the county's decision-making. 118. All Saints'Cathedral Church proposed amending the paragraph (i) to replace'county governor'withthe'relevantchiefofficer'for eachcounty departmentastheresponsible

authorityinthecaseofacountyexecutive.IntheChurch'sview,thereisnoinstance where an electedofficial atthe national level takes responsibilityforpublicparticipation within the Executive; it follows, therefore, that the same principle applies at county level.

119. WPA-K proposed including the Cabinet Secretary responsible for public service as the national lead authority for coordination,compliance and standard-setting to prevent s

andpublicparticipationunder theActshouldbeconductedonlybyinstitutionswith the

121. NC-POCI proposed adding the Head of PublicService and Comptroller of State House presidencyfunds.

CommitteeObservation

122. The Committee observed that public participation is a multi-sectoral and context-driven exercisewhichmakes it impracticalfor a central authoritytocoordinatetheexercise.In itsview,thebest approach isto designate a focalpoint/personfor eachentity/institution tobear thepersonalresponsibility for actualization of the constitutional principle.This approachwouldleaveadequateroomforthefocalpoint/persontocause theirinstitution to formulate specific internal protocols for their organization and any additional guidelines 2. 123.TheCommitteefurtherobservedthattheClausecouldbeamendedtoclarifythatthe accountingofficerofaCommissionorIndependentOfficeunder theConstitutionis the responsibleauthorityundertheBill.

Clause7

124.KatibaInstituteproposed anamendmenttotheconsiderations topromote inclusivity byincludingaccessforpersonswithdisabilitiesandconsiderationofthelanguageneeds of the community\_ as mandatory minimum\_requirements in\_every\_public\_participation exercise.

125. NGEC proposed inserting new paragraphs to provide for the number and levels of fora forpublicparticipation andmechanismsfor addressingcomplaintsto ensure thatdifferent approaches.

126.CRA proposed expanding the considerations in undertaking public participation to includetheSupremeCourt'sguidelines inBritishAmericanTobaccoKenya,PLCv
127.CM Advocates LLP, Vihiga CSOs Network and Vihiga Right to Food Ambassadorsproposed thatthe Billguarantees accessibilityfor marginalizedgroups, mandating reasonable accommodation for PWDs including accessible venues, Kenya Sign Language interpretation and alternative communication formats such as braille. This is in line with Article 54 of the Constitution and safeguards the inclusion of historically marginalisedvoices ingovernanceprocesses.

128.Furthermore,CMAdvocatesLLPnotedthattheBillshouldintroduceamandatory formulative stages of policy making, the legislative process, at project development; and

129. KBA proposed including a clause to provide for the development and use of a risk-based authoritiesindeterminingthedepth andbreadthofengagementfordifferentinitiatives. 130. Oxygene proposed amending the clause to by replacing 'shall consider' with 'shall ensure compliancewith'toremove the discretionary application of considerationsinundertaking publicparticipation. 131. CMD and EAWS and other conservation stakeholders proposed expanding the collecting feedback, and reporting to the public on decisions adopted. 132. JCJRA submitted that the paragraphs (a), (b) and (c) are vague and prone to abuse and therefore proposed that they be redefined to provide clear thresholds and measurable criteria.KSMBCalsosubmitted thattheguidelines are abstract and fail toprovide a clear structurefor publicparticipation and require toberewritten. 133. WPA-K proposed inserting a clause to require gender-responsive and inclusive marginalized groups in line with Articles 10,27,55,56 and 100 of the Constitution. Further, NAYA and YAA proposed an amendment to include a requirement for youthresponsive participation mechanisms to address access barriers.

134.MtotoNewsInternationalproposed an amendmenttoinserta newparagraph(i) to providefor aconsiderationwhetherchildrenare amongthepersonslikelytobeaffected by thematterunderconsideration,andifso,the additional measuresnecessarytofacilitate their meaningful, safe and age-appropriateparticipation.

135. HENNET proposed including new considerations when undertaking public participation including considerations for digital access, language and disability inclusion, gender/youth quotasandlow-connectivityareas.

CommitteeObservation

136.TheCommitteeobservedthatClause7providesforconsiderationsbyresponsible authorities when undertaking public participation i.e., matters that are to be taken into account before,during and after public participation.Therefore,principles such as accessibilitybyminorities andmarginalised groups,inclusivity andnon-discrimination wouldbecoveredsufficientlybytheamendmentstobeproposedtoClause5bythe Committee on the principles of public participation.

Clause8

137. KLRC, the State Department for Justice, Human Rights and Constitutional Affairs, NGEC, CRA, MCK, KDCWG, CRBH, NEC Hub, WIRE, Yellow Rose Kenya Limited, WeCare Youth Organization, Uamuzi Foundation, Bunge

Mashinani Initiative,Bajeti Hub and NAYArecommended a minimumperiod for internationalbestpracticesandjudicialprecedentinInstituteforSocialAccountability VNational Assembly[2013]eKLR.InCRAandKDCWG'sview,thiswouldallow adequate timeforthepublictoprepareandoffercomprehensivefeedback and alignwith thecourt'sdecisioninRobertNGakuru&OthersvGovernorKiambuCounty&3 Others[2014]eKLR.

138. LsK proposed the formulation and adoption of a standardized template for the notice referred toinclause8 to ensure thatall responsible authoritiesprovide comprehensive information andminimizerisksofomissionsandpromoteuniformity. 139. Katiba Institute proposed amendments mandating that public notices be published in English,Kiswahili and the dominant local language of the affected area. Further, they proposed thattheBillhighlightswhat amountstosufficientnotice and includes aminimum emergencysuchaswouldjustifyafailuretocomplywiththeminimumnoticeperiod should also be detailed in the legislation or general regulations under the Act, rather than beinglefttoindividual actors. 140. CMD proposed amending sub-clause (l) to include a notice for civic education where applicable to ensure that thepublicunderstands thematterunder consideration for informedparticipation. 4. I41. KELIN and TIsA proposed amending the clause to enhance clarity, accessibility and adequacy of notice byprescribing the informationto be provided,the formats for disseminationandfixedminimum timelines.TisAadded that emergencyprovisions for 142. KBA proposed expanding the Clause to require responsible authorities to identify and engagespecificstakeholdergroupswhoaredirectlyordisproportionatelyimpactedby thematterunderconsiderationfortargetedparticipation. 6. 143.EAWS and other conservation stakeholders proposed expanding the clause to include the use of multi-channel inclusive notification strategies to notify the public of the publicparticipation exercise to accommodate diversegroups includingthemarginalized communities. 144. NEC Hub and KSMBC were of the view that a minimum fourteen (14) days' notice and thirty (30) days' notice for public hearings on ordinary legislation and high impact legislation,respectively,suffices.Similarly,K-MARA and JCJRA submitted that the clause does notprescribe minimum notice periods or standard notification channels and as such proposedaI4-dayminimumnoticeperiodforordinaryconsultations,30-dayminimum period for Bills,budgets, land-use policies or environmental matters.K-MARA added that the clause be expanded to provide for mandatory publication through county and municipal offices,resident association bodies,local vernacular stations and digitalportals andverifiedsocialmedia. 8. 145.RosemaryKaranja and Rev.Simion Kipkogei proposed providing clear minimum

introducing a mandatory fourteen (I4) day notice period. PAWA Initiative further proposed the inclusion of a new sub-clause to provide that a responsible authority conducts comprehensive civic education to the public on the subject matter under considerationpriortothepublicparticipationexercise.

146. YAA and Kelvin Saitoti proposed specifying a minimum timeline period for notice. YAA specified that the minimum notice period be twenty-one (21) days for standard exercises and fourteen (l4) days for urgent matters.YAA added that the proposed amendment also seeks to require notices to be widely publicised in the specific geographic area affected and for thegovernment to designate data-free publicparticipationportals for online submissions, removing mobile data costs as a barrier to participation for youth in informal settlementsandlow-incomeareas. 147. Kisi CsOs Network proposed introducing standard engagement procedures of a fourteen (l4) day notice period, minimum for a counts and strict quorum requirements. 3. 148.KLRCproposed amendingsub-clause(2) toenhance thenoticerequirementsandgive effect to Articles 10(2),35 and 54 of the Constitution on inclusiveness,access to informationandtherightsofPWDs. 149. Haki Jamii was of the view that sub-clause (2) be amended to expressly require that any publicnoticeissuedthereunderincludesinformationonhow andwhererelevant documentsmaybeaccessed. 150. CSPEN proposed amending sub-clause (2) to enhance clarity,accessibility and adequacy fixedminimumtimelines. 6. publicparticipationexercisebeincludedinthenoticeforparticipation. 7. 152.KSMBCproposed theinclusionofa newsub-clause(3)tocompel stateofficersto weekspriortotheactualexercise. 8. 153.NECHubsubmitted thattheBill shouldprovideforstandardized templatesfornotices, submissionsandreports. 9. 154.JimsonMwikamba and Christine LornaAbwanjiproposed the introduction of statutoryminimumstandardsformeaningfulengagementincludinga2l-dayminimum notice period, accessible meeting venues and public participation reports. In his view, this theConstitutionandjudicialprecedence. 155. Hilaria Mluli Farrar, Ndata Julius and other members of the public noted the need for minimum standards and timelines for participation and therefore, proposed inclusion of a I4-day notice period and publication of public participation materials in both

156.Ndata Julius and other members of the public further proposed that all public institutions berequired to combine digitalparticipationwith communitybarazas,radio envisionedbyArticle27oftheConstitution.

157. Mukami Gichane and other members of the public proposed amendments to provideforthe use ofBraille,audio-visual andsign languageformatsfor accessibilityby all personsincludingPWDsforinclusivityinaccordancewithArticles27and54ofthe Constitution.

anonymously submitted that the Bill does not set theminimumregulatory standards to guidedigitalfairness,authentication,safetyand/ortheofficialmannerofdealingwithonline submissions. Therefore, s/he proposed that regulations be developed to set out clear criteriaforhandlingonlineparticipation.

159. WPA-K proposed requiring gender-sensitive and community-appropriate channels including the use ofvernacular media,socialnetworks,grassrootfora,faithinstitutions and offline systems among others to address the digital divide mostly affecting women and ruralcommunities.

160.Mtoto News Internationalproposed an amendment to inserta new sub-clause(3) to provide thatwhere children are among the affectedpersonspursuant to theproposed clause7(i),thenoticeshallbecommunicatedthroughchannels accessibletochildren and appropriatetotheagesofthechildrenlikelytobeaffected.

161. NC-POCI proposed strengthening the clause to curb last-minute cancellations of 162. Mau Mau Children Post Colonial Elites proposed the inclusion of adequate notice andmobilization to ensuremeaningfulparticipation in all regions.

163.Rev. Simion Kipkogei proposed amending the entire clause to ensure transparency, inclusivityandcompliancewithconstitutionalstandardstoreadasfollows:

"A responsible authority shall provide timely, accessible, and adequate notice of any publicparticipationprocess using multiple communication channels and in languages understood by the affected population, and must document and publish proof of notificationpriortotheexercise.

CommitteeObservation

164. The Committee observed that providing a specific timeline for a notice may be impractical asvariousmattershavevaryingconstitutional andstatutorytimelines.Initsview,whatis critical isfor responsible authorities to give a reasonablenotice determinedby thenature of the matterunderconsideration,theimportance of thematterunder consideration,the impactofthematterunderconsiderationandanyconstitutionalorstatutorytimeline provided.

Clause9

I65.KLRC,TISA and JCJRA proposed deleting the word 'may' with'shall' to make it mandatory-for the responsible authority to notify the-public through the prescribed modes.KLRC andJCJRA addedthat the sub-clause(l)beamended torequire a responsible authority to use at least three modes to notify the public, include communitylevel notification channels and to provide proof of publication of notices.
166.CAJproposedtheinclusionof theuseoflocalvernacularradiostationsandphysical marginalized and non-digital-nativecitizens.
167.CRAalsoproposed amending the clause to expand themodes of notifying thepublicto includethevenueinthenotice.

168. MCK proposed requiring notification of the public through a newspaper of nationwide circulation, the official website of the responsible authority and official social media platforms of the responsible authority.This is because digital communication channels now dominate civic information access, necessitating mandatory multi-platform disseminationforinclusivity and transparency.

169.While the Bill acknowledges online platforms as valid modes of public participation, digital fairness, authentication, safety, or the official treatment of online submissions. This ambiguity may inadvertently undermine the advantages that online participation offers

170. CMD proposed an amendment to provide that the notice issued indicates the dates, time andvenuewherecivic educationwill be conducted to ensure informedparticipation. 171. KELIN and CSPEN proposed amending sub-clause (l) to clarify the minimum standards forthedisseminationandcontentofpublicnotices andstrengthenaccessibility,inclusivity and effectiveness by requiring multiple communication channels, translation,Kenya Sign Language use and simplified summaries of the subject matter undergoing public participation. 172. CRBH proposed amending sub-clause (I)(a) to include the Kenya Gazette which is the officialgovernmentcommunicationchannel. 173. WIRE proposed expanding the modes of notifying the public to include local, trusted community channels including women's professional networks,resident associations, SACOs, community saving groups, churches and PWWDlyouth advocacy platforms to fulfil theoutreachgap.Inaddition,NAYAwasoftheview that theclausebeamended to require dissemination through youth-friendly channels including radio,social media, communitynoticeboardsandSMs. 174. MCK and JCJRA proposed amending the clause 9(l) to replace the word 'may' with 'shall'tomakenotificationof thepublicmandatory.

175.Vihiga CsOs Network andVihiga Right toFood Ambassadors proposed amending sub-clause(l)to include modern and digitalplatforms such as officialwebsites, social media, WhatsApp, SMS platforms and livestreaming of public hearings.

CommitteeObservation

176. The Committee observed that the modes of notifying the public listed under Clause 9 are comprehensive andwide-ranging-includingmodernforms ofcommunicationsuch asuse ofsocialmediawhichallowsforrapid informationsharing.TheBillallowsresponsible authoritiesthediscretion tochoose theappropriatemodesofnotificationtakinginto accountthematterslistedunderClause7. 2. 177.TheCommittee furtherobserved thatitwouldbenecessaryfor theBill torequire responsible authoritiestouseinclusive modes ofcommunicationin issuingnotices to facilitate theparticipation ofPWDs.

Clauselo

178. KLRC proposed the inclusion of new sub-clauses to recognize language diversity and requireresponsible authorities toconsiderallsubmissionsregardless of theformor language in accordance with Articles 7 and 44 of the Constitution. 179. Katiba Institute proposed an amendment to require responsible authorities to use a combinationofnotificationmethodssuchasbothradioandpublicmeetingsinrural areas toensurethewidestreach. 180. MCK submitted that although submissions are contemplated, inclusive and digital formats accommodating PWDs. 4. 18l.BungeMashinani Initiativealsoproposed an amendment to define acceptable online platformsforvirtual participation.NAYAproposedmandatingresponsibleauthoritiesto 182. KELIN and CSPEN proposed amending the clause to introduce new sub-clauses to broaden and clarify the submission process by ensuring safety, accessibility, diverse submission formats, proper record keeping and feedback. This would strengthen transparency,fairness and accountability. 183. K-MARA and JCJRA noted the need for verbatim attendance records, conducting public participation activities in accessible venues, use of local languages and by providing simplified summaries for low literacy communities.Furthermore,JCjRA proposed workers,youthandvulnerablegroups. 7. 184.CMAdvocates LLPsubmitted thattheBill shouldrequire theuseof dominantplatforms such as social media, live-streaming services and government portals alongside traditional media for public notices and consultations. Further,that all public participation proceedings be recorded and archived for a minimum period of ten years to promote active.

185.KELIN, CSPEN and Bajeti Hub proposed the establishmentof an online platform to ensure wider, real-time access to institutional information and public notices, promoting transparency and inclusivity.

186. K-MARA, Jimson Mwikamba and Albert Wanjiru proposed amending the Bill to explicitly mandate the establishment of a national digital participation platforms such as mobile applications, websites, SMs-based systems, e-mails and social media platforms including X, Tiktok andWhatsAppfor public feedback and consultation in accordance with the general guidelines for public participation in clause 7. This would reduce bureaucratic barriers and make participation accessible to all, especially the youth. 187. WPA-K proposed introducing support systems including transport reimbursement, childcare,lactation space,disability friendly and anonymous channels to encourage participationforwomen. 188. Mtoto News International proposed inclusion of a new sub-clause (2) to provide childaccessiblesubmissionmechanisms,includingschool-basedforaand child-friendlydigital childrentoriskofharm.

189.KisiiCsOsNetwork,NjeriWamweaand FredrickBundiproposed an amendment to require the use of written submissions with digital platforms, at least one hybrid hearing, anonline forum,andpublication of recordingsbefore decisions.Single-methodprocesses excludemanystakeholdersandlackverifiablerecords.NC-POCl alsosubmittedonthe need for audio-visual recording of public participation proceedings.

190. CEDGG submitted that the clause does not provide for formal acknowledgement of B s sod ssss memoranda.

CommitteeObservation

191.The Committee observed that the modes ofmaking submissions listed under ClauseI0 are comprehensive andwide-ranging includingmodern forms of communication such as useofsocialmedia.Eachresponsibleauthorityisgiventhediscretiontochoose the appropriatemodesofmakingsubmissionstakingintoaccountthematters listedunder Clause 7.

ClauseIl

192. KLRC, the State Department for Justice, Human Rights and Constitutional Affairs, LSK, CAJ, KELIN, WPA-K, CSPEN, EAWS and other conservation stakeholders,NAYA,PAWAInitiativeandSaidKassimproposedamendingthe clause to specify a minimum public participation period to avoid the risk of rushed participationexercises and ensure meaningful engagement. 193. Katiba institute proposed an amendment to include the definition of "reasonable time" asusedintheBillandprovideatimeframeformakingsubmissions.

194. Emily J. Ngwiri, Mukami Gichane and other members of the public proposed amendingtheclausetoreplacetheterm'reasonable time'withahigherminimumspecific time'isvagueandleavesroomforabuse. 2. 195.WiREproposedreinstating and extending theminimum consultation time to twentyuseandinfrastructure,amongothers. 196. Sheria Watch and an anonymous young Kenyan legal professional and advocate for civic participation proposed specifying statutory minimum timelines including 21 days for ordinarypublicparticipationprocesses,30 days for complex Bills, policiesorregulationsandshortertimelinesonlyunderclearlydefinedemergencies. Similarly, COG and YAA proposed'reasonable time' to include twenty-one (21) days for the public to make submissions during public participation processes.YAA was of the view that for matters directly affecting youth, PWDs, or marginalised communities, a minimum of30dayswouldsuffice andwheretheminimumperiodisreducedawrittenjustification onthepublicrecordbeprovided. 197. Mtoto News International proposed an addition of a proviso to Clause ll to provide that, in determining a reasonable time, a responsible authority shall have regard to the requirementsofchild-inclusiveparticipation,includingtimeforschool-basedengagement, facilitation, parental consent and the preparation of child-friendly materials. 5. 198.MK Mbugua,NjeriWamwea and FredrickBundi submitted that there is a need to setminimum twenty-one(21)tosixty(60) dayperiods,requiremulti-channel notice and acentralpublicparticipationportalformeaningfulengagement.

CommitteeObservation

199.The Committeeobserved thatprovidinga specific timeline formakingsubmissionsmay beimpracticalavariousmatterunderconsideration thatmustbesubjected topublic participationareaffectedbyvaryingconstitutionalandstatutorytimelines.Initsview,the Billobligatesaresponsibleauthoritytoallowareasonabletimeforthepublictomake submissions after taking into account the nature,importance,and impact of the specific matter under consideration and any applicable constitutional or statutory timeline. This

Clause12

200.Noting that the clause,as drafted,is silent on the form,content,deadline and method of publication of outcomes, KLRC proposed that a public participation report to be
20l.The State DepartmentforJustice,Human Rights and Constitutional Affairs, CAJ, NGEC, KELIN, KCDWG, Bunge Mashinani Initiative, EAWS and other conservation stakeholders, YAA and Rosemary Karanja proposed introducing a ensure that public input is not only received but meaningfully processed, documented and communicated. Similarly, NAYA proposed requiring responsible authorities to provide a mandatoryYouSaid,WeDid'feedbackreport.

202. Katiba Institute proposed an amendment to require the publication of a comprehensive feedback report for every significant publicparticipation exercise.The report must summarize the public views,stakeholders engaged by type and numbers, detail the contrarytopopularsubmissions. 203. MCK and KSMBC noted that though the clause requires publication of outcomes it does not specify content, medium or timelines thereby weakening accountability. Thus, MCK proposed inclusion of traceable feedback mechanisms for credible public participation. Similarly, PAWA Initiative proposed including a structure feedback and redress mechanism forthepublic. 204. CMD and Bajeti Hub proposed amending sub-clause (l) to include a statement of reasoningonhowtheviewsfrom thepublicwereconsidered inthe outcome.CMD added that sub-clause (2)be amended to indicate the timelineswithin which the responsible authority facilitating public participation is to publish the outcome.Bajeti Hub also proposed amendingsub-clause(2)tospecifytheformatandbasicminimumrequirements forfeedbackonpublicparticipation. 4. 205.Similarly,All Saints'Cathedral Church proposed amending sub-clause (l) to require administrative boundaries, sex,age and type/form of disability to the extent that is report of thepublicparticipationindicating the details of how thepublicviews were considered. 5. 206.EAwS andother conservationstakeholders alsoproposed inserting a new subclause (3) to require responsible authorities to communicate a complaint, review and appeal mechanismfor anallegedflawedpublicparticipationexercise. 6. who publish false, misleading or manipulated outcomes of public participation. To strengthen accountability and transparency. 208. SCCSN,Vihiga CSOs Network and Vihiga Rightto Food Ambassadors were of the view that the clause, as drafted, is too vague.Thus, SCCSN proposed that the clause beamended toembodythefeedbackmechanismoutlinedintheKenyaPolicyonPublic Participation(Sessional Paper No.3 of 2023) on a national monitoring and evaluation andVihigaRighttoFoodAmbassadorsproposedthatallresponsibleauthoritiesbe mandated to submit to the CAJ annual compliance reports on publicparticipation. 8. 209.Patrick Ang'asa and NEC Hub proposed amending sub-clause (2) to specify the time withinwhichtheoutcomeofthepublicparticipationexerciseshouldbepublishedfor amended to include the details of the level of inclusivity of PWDs and marginalized groups, a summary of the views received and a feedback mechanism.

210. CEDGG proposed amending sub-clause (2) to introduce a fourteen (14) day window for disseminatingoutcomesafter apublicparticipation exercise. 2. 60% or more affected citizens object.In addition, the JCjRA proposed requiring transparentpublicationandcitizen-validateddocumentationofallparticipationprocesses theConstitution. 212. Emily J. Ngwiri, Said Kassim, Mukami Gichane and other members of the public submitted that the clause,as drafted,is vague and subjective to interpretation which in their view may prone to abuse. Thus, proposed amending the clause to ensure publicparticipationexercisesthatclearlyindicatewithreasonshoweachsubmissionwas addressed, whether adopted or rejected. 213. WiRE and Yellow Rose Kenya Limited proposed inserting a new sub-clause to the decision detailing all the views received,technical assessment of the views and clear, writtenjustificationfor acceptingorrejectingtheviews. 5. 214.KelvinSaitotisubmittedthatminimumstandardsbesettoincludelegallyenforceable feedback within 30 days. Similarly, Said Kassim submitted the need to ensure timely feedbacktothepublic. 6. pue geuoissod eal ukuay sunok snououe ue pue ym eas 'si advocate for civic participation proposed that the clause be amended to ensure reporttoinclude allviewssubmitted,athematic analysisofthe issuesraised andreasons for accepting or rejectingviews. 7. 216.CSPEN, Kisii CSOs Network and Said Kassim proposed amending the clause to include amandatory and timelyfeedback mechanism tostrengthen the transparency and credibility of the public participation process. In addition, Said Kassim proposed the establishmentofaNationalPublicParticipationPortal. 217. WPA-K proposed requiring responsible authorities to provide gender-disaggregated reporting and documentation of how submissions influenced final policy decisions.NAYA also submitted on disaggregated reporting based on age, gender, disability and location of participants. 9. 218.Sauti ya Mtaaproposed the inclusion of a mandatory reviewofprevious outcomes in successes achieved andchallengesencountered. 10. 219.JimsonMwikambaproposed theinclusionofaprovisionto require all theresponsible authorities in Part ll to submit to the proposed Public Participation Authority public participationreportswithin30daysshowinghowpublicinputwasusedand/ordetailing clear reasons why certain views were not adopted. Thereafter, the Public Participation Authority should publish and publicize the report(s) within five (5) days.

220. In addition, Jimson Mwikamba proposed requiring preparation of an annual Public ParticipationStatusReporttobetabledbeforeParliamentand/orCountyAssembliesby the proposed Public Participation Authoritybefore thefourthmonth of the following year to track compliance and citizen satisfaction.KELIN and CSPEN also proposed the preparation and submission of an annual report to Parliament or County Assemblies by the responsible authorities at the end of each financial year. 221. Similarly, Ndata Julius and other members of the public noted the need to establish participation activities and outcomes. CPGC submitted on the need to publish participant 3. 222.MtotoNewsInternationalsubmittedtheneedforinclusionofnewsub-clausesto provide that where children participate, the report shall include an age-disaggregated recordspecifyingthenumberofchildparticipants,themodalitiesusedandhowtheirviews were considered. Further, a responsible authority shall, within thirty (30) days of publishing the outcome,communicate that outcome to child participants in a child-friendly formatthroughchannelsaccessibletochildren. 4. 223.YAAproposed anamendmenttotheclause todefine'outcome'as including a matrixof views, a structured public record cataloguing each category of submission received, the responsibleauthority's response,andwrittenreasons where viewswere not 224. Njeri Wamwea and Fredrick Bundi proposed a new sub-clause to require a detailed 225. Uamuzi Foundation proposed introducing a standard Log Frame to the relevant authorities to ensure that outputs can be tracked and measured to mitigate gaps that have 226. Hamisi Mwinyikali proposed amendments to the clause I2 to require the Committee to publish a matrix of views indicating the views adopted and rejected and the rationale for thesame. 227. HENNET proposed to require responsible authorities to publish public participation reports detailing disaggregated data.

CommitteeObservation

228.TheCommitteeobservedthatafeedbackmechanismenablesthepublictoappreciatethe value of their participation and build confidence inpublic participation processes. Therefore,the outcome of the publicparticipation should not only be published but also thematterunderconsideration.Further,theCommitteewas oftheviewthatthe addressedthroughtheguidelinesmadebyeachresponsibleauthority.

reasons after public participation,reasonable measures should be put in place by the responsibleauthoritiestoguideonconsiderationofviewsreceived.

Clause13

230. LSK proposed amending sub-clause (2) to explicitly adopt the language in Article 7(3)(b) participation to ensure that deafparticipants are not excluded dueto languagebarriers and affirm theirrightto equalparticipation. 2. 231.Katiba Institute proposed an amendment extending the language assistance requirement in sub-clause(2) to allaspects of theparticipationprocess,including the translationofkey documents and summaries.Also,to includea requirement of the provisionofinformationinaccessibleformatsfordifferentcategoriesofpersonswith disabilities such as Braille, Kenya Sign Language interpretation. 232. NGEC proposed inserting new sub-clauses to require responsible authorities to provide informationto the public whenrequestedand toundertake civic educationand sensitizationininstanceswhere thepublicis notconversantwith themattersunder consideration. 4. 233.CAJ,KBA,KELIN,KDCWG,CRBH,CSPEN,WeCareYouthOrganization and NAYA proposed inserting new sub-clauses to enhance inclusivity by ensuring access to public participation processes for PWDs, the youth, non-English/Kiswahili speakers and members of the public requiring simplified information through the use of Kenya Sign Language,braille and any other reasonable accommodations necessary to facilitate participation.ThisisinlinewithconstitutionalobligationsunderArticles10,54and232 of the Constitution and ensures meaningful, accessible and non-discriminatory participation. 5. 234.KDCWG,KSMBC and CPGC noted the need to decentralize public participation includinguseofvillagecouncils at thelowestlevel in accordancewithArticles6and174 of theConstitutiononreasonable accesstonational Stateorgans'servicesanddevolution. Bunge Mashinani Initiative also submitted that the Bill lacks clear,practical mechanisms for structured and continuous grassroots engagement across different levels ward, constituency, county and national levels with clearly defined linkages between each leveltoensureupwardconsolidationofcitizenviews. 235. MCK submitted that although meaningful participation depends on informed citizens, the Billdoes notexpresslyprovideforproactivedisclosure. 7. 236.SCCSNsubmitted that theBillbe amendedtoensureinclusivityand accessibilityinpublic participationprocesses asprovided in theKenyaPolicy onPublicParticipation(Sessional Paper No. 3 of 2023) on stakeholder mapping for marginalised groups, disability-friendly infrastructure and venues and documents in plain language and accessible formats. 8. 237.NEC Hub andWPA-Kproposed that the clausebe amended torequire thepublicbe andaccesstoinformation.

marginalisedgroups,ruralcommunities and illiterate persons.For instance,by including the requirement to provide information in accessible formats, interpretation services and holding meetings in geographically dispersed locations. Similarly, Said Kassim proposed that responsible authorities avail information to the public in simple and accessible formats andensurewidedissemination.

239. EAITA proposed amending sub-clause (2) to require responsible authorities to obtain the services of a qualified language professional to facilitate the conduct of the proceedings in a language and medium that the participants understand. In addition, CEDGG proposed thatsub-cause(2)beamendedtoprovideforKenyaSignLanguage asamandatory requirement for accessibility.

240.CMDandBajetiHubnoted theneed for an additional sub-clause(3) toprovide for Kenya Sign Language interpretation and use of Braille where relevant to ensure that public participationprocessesareaccessibletoPWDs.

241. Mtoto News International proposed a new sub-clause (3) to provide that a responsible authorityshalltakemeasures to ensure childrenhavereasonableaccess topublic ofvenues,andprovidingtrainedfacilitationpersonnel whererequired.

242.YAAproposed the need for the adoption of a tiered accessibility frameworkfor highimpact exercises involving national/county legislation, budgets, and policies; mandate the use of Kenya Sign Language interpretation, Braille, large-print, and audio formats; and for minor administrative decisions require a documented best-effort standard. Furthermore, constitutional obligation independent of language.

243. NC-POCI proposed amending the clause to require that outcomes be easily accessible in line with the right of access to information and that Kenya Sign Language interpretation beprovided.

useinpublicparticipationprocesses.

245. Kisii CSOs Network proposed inclusion of the use of Kenya Sign Language and Braile aswellaslocal languagesandconducttargetedtoreachhistoricallyexcludedgroupsto promote inclusion and accessibility.

246.MauMauChildrenPostColonial Elitessubmitted thatspecial mechanismsbeput in place to ensureparticipation of elderlypersons and marginalized groups.

CommitteeObservation

247.The Committee observed that the Constitutionrecognises English and Kiswahili as the official languages andfurtherobligatestheStatetopromotethedevelopmentand useof indigenous languages,Kenyan Sign Language, Braille and other communication formats and technologiesaccessibletoPWDs.

Clause14

248. The State Department for Justice,Human Rights and Constitutional Affairs proposed amendingtheclausetobalancethepublic'srightto timely,inclusiveinformation withpracticalrealitiesandresourceconstraintsofresponsibleauthorities. 2. 249.KatibaInstitute proposed an amendment to include a mandatory provision of to"facilitate"or"access"as used in the clause be defined to avoid ambiguity when it comes to interpretation and implementation. 3. 250.NGECproposed requiringresponsible authoritiestofacilitate thepublicwith information in accessible formats including commonly understood language, braille, large fonts and hard copies for effective participation. 251. MCK submitted that although meaningful participation depends on informed citizens, the Billdoesnotexpresslyprovideforproactivedisclosure. 5. 252.KELIN, KDCWG, Patrick Ang'asa and CSPEN proposed providing a clear procedure for requesting additional information, designating responsible officers and outliningpermissiblelimitationsconsistentwithArticle35oftheConstitution,theAccess to Information Act,Cap. 7M and the Data Protection Act, Cap. 411C 253. Rosemary Karanja, NAYA, and EAWS and other conservation stakeholders proposed specifying the use of plain and or local languages, youth-friendly summaries, infographics, translations, Braille and audio formats, online and physical fora as well as outreach programs to ensure access to information caters to PWDs,youth, women's groups, minority communities, non-English speakers, and rural and urban populations. 254. CRBH, and Ndata Julius and other members of the public proposed amending the Billtocompel publicbodiestodiscloseall relevantdocumentsincludingdraftBills,budgets, that after participation, institutions be mandated to publish summaries depicting how publicviewsinfluencedfinaldecisions. 8. 255.WiRE and Yellow Rose Kenya Limited proposed the insertion of a new clause documents for people in non-technical roles. Furthermore, Yellow Rose Kenya Limited was of the view that all marginalized groups including PWDs, the elderly, youth and lowincomeresidents be availedwith the requisite technical assistance,access tobraille and Kenya Sign Language, and localized information delivery. 9. ensure that key aspects of proposed policies and/orimplementation roadmaps are clearly understood therebypromoting informed, inclusive and meaningful publicparticipation. 257. WPA-K, WeCare Youth Organization and CPGC proposed requiring free and simplified documentation, the use of Kenya Sign Language, braille local language versions andproactivedisseminationpointstoaddress socio-economicinequalitythatlimits meaningfulparticipation.

258. Mtoto News International proposed an addition of a proviso to the clause to provide that,where children are amongthe persons affected,a responsible authority shall ensure and, where appropriate, in visual or audio formats accessible to children of the relevant ages. 259. Haki Jamiii, PAWA Initiative, Bajeti Hub and Rev. Simion Kipkogei proposed prescribinga minimumtimelinewithinwhichthepublicmustbegrantedaccesstorelevant dayperiodwouldsuffice. 260. Kevin Ombuya proposed an amendment to the clause to provide that the public should beprovidedwith thedocumentsbeforepublicparticipationforinformeddecision-making 261. Mukiri Michael and Maslahi ya Jamii CBO, proposed an amendment to provide for a period of at least three (3) days to access documents before the public participation exercise.

Committee Observation

262. The Committee observed that access to information,guaranteed by Article 35 of the Constitution,isvital fortheachievementofmeaningful andeffectivepublicparticipation. Therefore, the prior dissemination of information,in official languages and simplified formatsbyresponsibleauthoritiesisnecessaryforeffectivepublicparticipation.

ClauseI5

263.KatibaInstituteproposed anamendmenttodeletetheClause,notingthatitmaybe an avenueforclaw-backandcensorship.
264.MCK noted that while the Bill regulates forum conduct it does not safeguard media

265. KELIN,KDCWG, CSPEN and WeCare Youth Organization proposed inserting newsub-clauses togive effect tothe constitutionalprinciplesofopenness andpublic participation under Articles 10, 118, 196 and 232 by clearly defining the rights and obligationsofparticipantsinpublicfora. 266. CRBH, and Mukami Gichane and other members of the public submitted that the clause does notprovide clear thresholdsfor what constitutes courteous,respectful and civil conduct and is thereforeprone to abuse.Further that,the clause conflictswithArticle 33of theConstitutiononthefreedomofexpressionallowing forrobustpublic participation,protest, satire and strong criticism of the government.

harassment, discrimination and gender-based violence (GBV) as well as the establishment offormalcomplaintchannels.
268.SaidKassimsubmittedthattheBillbeamendedtoincludesafeguardsagainst intimidation,coercionanddiscrimination.

269. Emily J. Ngwiri and MK Mbugua submitted that the Bill be amended to include measures to protect participants from retaliation, intimidation and/or legal proceedings for information provided in public interest.

CommitteeObservation

270.The Committee observed that,to address theissue on potential intimidation or harassment,theBill shouldprovideforthe enjoymentofthefreedom ofexpressionas guaranteedbyArticle35oftheConstitution.
271.In addition,the Committee noted that the Bill should be amended to theregulate the conductofpersons taskedwithconductingpublicparticipationduringpublichearings.

Clause16

272.LSK and CRA proposed amending the clause to require that all specific public consultationwithrepresentativeorganizationsofPWDsinaccordancewithArticle27of theConstitutionandsection13ofthePersonswithDisabilitiesAct,2025.

273. CAJ, MCK and Haki Jamii proposed replacing the word 'may'with 'shall' to mandatorily obligateresponsible authorities tomakespecificguidelinesforpublicparticipation. 274. KELIN and CSPEN proposed introducing a mandatory and time-bound requirement for institutions to develop public participation guidelines that comply with Part lll. This would participation across institutions. 275. KDcWG,WPA-K, and EAWS and other conservation stakeholders proposed theformulationofuniformguidelineswithcommonstandardsofpublicparticipationthat intoconsiderationthebareminimumstandards.InKDCWG'sview,thiswouldtoprevent

276.Oxygeneproposed amending sub-clause(l)to require the responsible authority to develop guidelines in consultation with relevant stakeholders to promote participatory co-design ofpublicparticipation frameworks.NAYAalsoproposed an amendment to PWDs and other marginalize groups.
277.AllSaints'Cathedral Church submitted theinclusion ofanewsub-clause(lb)to andsafeparticipationofchildren.
278.CRBHwasoftheviewthatthedevelopmentofspecificguidelinesforpublicparticipation shouldadoptamulti-sectoral approachandthat theresponsibilityfordevelopmentbe designatedwiththeStateDepartmentforDevolution.
279.WiRE and Yellow Rose Kenya Ltd proposed amending the clause to mandate the CabinetSecretary to develop a single set of national frameworkregulations tostandardize publicparticipation procedures across all sectors and MDAs.

280. Sheria Watch and an anonymous young Kenyan legal professional and advocate for civic participation submitted that allowing each institution to make its own regulations may result in inconsistencies and loopholes.Thus,s/he proposed thatthe clause be amended toprovidefornationalminimumstandardsthatallinstitutionalguidelinesmustmeet including parliamentary approval and public input before adoption. 281. Mtoto News International proposed a new sub-clause (3) to provide that specific guidelines shall include provisions for the meaningful participation of children,and shall be developed inconsultationwiththeNational Council forChildren'sServices andchild rightsorganizationsandwherefeasible,inconsultationwithchildrenthemselvesthrough publicparticipationinvolvingchildrenreceive traininginchild-friendlyengagement methodologies,childsafeguardingand therightsofchildrenunder theChildrenAct,Cap. I4IandKenya'sinternationalobligations. 3. 282.YAAproposed an amendment torequireresponsible authorities to consultyouth-led organizations,disabilityrights organizations,and civil society in the development of specific guidelines. Specific guidelines must include an explicit standard for youth and marginalised groups participation. 283. HENNET and Bajeti Hub proposed including a provision to require mandatory minimumnationalstandardswhichallresponsible authorities shouldcomplywith in developing their guidelines.

CommitteeObservation

284.TheCommitteeobserved thatdespitethefact thatthe developmentof specificguidelines byresponsibleauthorities isdiscretionary,theBill iscomprehensiveenoughtoaddress PartlloftheAct.

Clause17

285.KELINandCSPENproposedamending the clause to ensure timelyandaccessible publicationofguidelinesbyintroducingapublicationtimelineandrequiringonlineaccess

286. Oxygene and NAYA proposed amending the clause to specify the formats in which publicparticipationguidelines shouldbepublishedanddisseminated topromote access especiallyforPWDs,theyouthandnon-digital users.NAYAwasoftheviewthatsuch disseminationshould be donebeyond theGazette through digital youthplatforms.

CommitteeObservation

287. The Committee observed that similar to thepublication of legislation and regulations, the Bill requires the publication of the specific guidelines in the Gazette which is the recognized meansofofficiallyinformingthepublic. 288. Further, the Committee noted that the access to the specific guidelines is subject to the provisions of Article 35 on the right to access information and the Access to Information Act, Cap. 7M.

Clause18

289.KLRC noted that sub-clause(l),as drafted,restates constitutional obligations without standardsasoutlined inRobertN Gakuru&OthersvGovernorKiambuCounty&3 Others[2014]eKLR.

290. In addition, KLRC proposed that sub-clause (2) should obligate the committee of second House to evaluate the public participation report of the Committee of the originating Housetoaverttheriskofinadequatepublicparticipation. 291. Katiba Institute proposed an amendment to specify that a House may only rely on the originalreportifnosubstantiveamendmentshavebeenmadetotheBill.Ifsubstantive changes are made, public participation must be conducted. Additionally, each house has a very specific mandate constitutionally that should guide the content of public participation.

Assemblyand theSenatebecause thetwoHouseshaveuniquemandates and therefore allowingjointparticipation underminestheconstitutional assignmentofrolesofthetwo Houses.
293.All Saints'Cathedral Churchproposed anamendment to include a new sub-clause
reportonpublicparticipationdetailingwhichviewswereacceptedorrejectedwith justifications for either decision to demonstrate that public input was genuinely considered.Further that,thereport shouldbemade accessible to thepublic.
295.NECHub submitted that the Billbe amendedto define theresponsibilities and obligations of Committees, Office of the Clerks of Parliament and agencies. NEC Hub added that theBillbe amended torequire annualupdates toParliament's public participation framework.Furthermore,NEC Hub noted the need for citizenpetitions on ServiceCommission.

296. Rosemary Karanja proposed specifying clear criteria when a second participation process is necessary and a harmonized joint committee participation. 297. Albert Wanjeri submitted that the Bill be amended to ensure that higher impact Bills considerationof diverseviews.Inaddition,AlbertWanjeriproposed inclusionofatwostageprocess ofpublic consultations;whenapplying forthemandate to draft a Bill and upon development and publication of the draft.Furthermore, that a provision to expressly bindParliamenttomakedecisionsthatdirectlyalignwiththemajoritypublicview.

298.Njeri Wamwea and Fredrick Bundi proposed an amendment to clarify that every Bill must undergo public participation,allow joint processes and require additional participationwhere textschange materially.Intheirview,theuseof theterm"may"in

I8Atorequire independentfacilitatorsdrawnfromLSK,civil societyanduniversitieswith non-partisansecretariatsmaintainingrecords.

299. NC-POCI submitted that the Houses of Parliament should open all their sittings to the publicwithoutharassmentfromsecuritypersonnel. 2. to adopt joint or harmonized public participation exercises to minimize duplication and publicfatigue.

Committee Observation

301.TheCommitteeobserved that,duetotheuniquenatureofParliament,thereisneed to provide a mechanism to be used by the Houses ofParliament in conducting public participationwhile ensuring the prudentuse ofpublicresources,includingholding joint
302.Furthermore,the Committee observed thatmandatorilybindingParliament toimplement public views runs contrary to principles of representative democracy and the constitutionalautonomyofParliamentunderArticles94and95oftheConstitution.

Clause19

303.CAJproposed deleting the reference to the Kenya Defence Forces Act as the same is provided under section 6 of the Access to Information Act, Cap. 7M.
304.KBA noted that banks are custodians of confidential customer data and thus,proposed expressly referencing the Banking Act, Cap. 488 in the confidentiality clause.

305. WeCareYouth Organization, and EAWS and other conservation stakeholders noted that there is a risk ofoveruse of the confidentiality clause and therefore,proposed introducing a schedule thatstipulatesnarrow testsforwithholding informationwith documented justification.

306.RosemaryKaranjaproposedexpanding theclause toclearlyprovidefor how submissionsarecollected,storedandpublishedinaccordancewiththeDataProtection Act.
307.NjeriWamweaandFredrickBundiproposedanamendmenttoreplacetheclause withaharmtest,apublic-interestoverrideandmandatorydisclosureofcoredocuments with redactions only where justified.In their view,broad secrecyreferences could hide valuationsandkeytermsfromthepublic.

CommitteeObservation

existsjustifiablereasonsfornon-disclosureasrecognizedbytheAccesstoInformation Act, Cap. 7M.
309.Ondataprotectionbyresponsibleauthorities,theCommitteenoted thatcompliancewith theDataProtectionAct,Cap.4llCpromoteshonestandopenengagement.

Clause20

310.KLRC andCMAdvocatesLLPproposedenhancementof thepenaltyfornoncompliancefromfivehundredthousandshillingstoonemilliontoensurestrictadherence to theAct.KLRCfurthernoted that the current clause createspotential uncertaintyas towhether criminal liabilityattaches tothe institutionalorindividualofficer.It thus, institutional cultureofnon-compliance.

311. CAJ noted that while personal penalties are welcome, they do not address the status of a laworpolicypassed inviolationof theActand therefore,proposed thatthe spirit of deterrence be exhibited. For instance, a penalty of Kshs.500,000 is not a sufficient deterrent for a tender construction of a road worth million or billions.Similarly,NCPOCl proposed doubling the fine from Kshs.500,000 to Kshs.1,000,000.

312.KELIN and CSPEN submitted that the clause,as drafted,does not define conduct constituting an offence and lacks an enforcementframework thusmaking it vague and unenforceable.Therefore,KELiN proposed amending the clause to ensure that such administrativeapproach alignswith themandateof theCommissiononAdministrative JusticeandstrengthencompliancewithArticles10,47and232oftheConstitution.
313.KDCWGnoted theneedfor an elaborateGrievanceandRedressMechanism toreduce costsandtimespentonlitigation.Inaddition,KDCWGproposedamendingtheclauseto mandatetheOfficeoftheOmbudsmantohandlecomplaintsemanatingfrompublic participationprocesses.KDCWGalsoproposedthatthepenaltyclausebeexpandedand givenitsownsection.
314.Oxygene proposed amending the clause to strengthen compliance with the principles and obligations of public participation by introducing proportionate and enforceable sanctionsforbothnaturalandjuristicpersons.
315.KBAproposed introducing aprovision for'remedial actionplans'beforeimposing penalties oninstitutionsfornon-compliance.Thisisbecausebanksmayfaceoperational challengesinimplementing\_participation\_protocolsandassuchallowingremedialactions promotes compliance and avoid punitive measures that could disrupt financial services.
316.SCCsNandKisi CSOs Networkproposed amending the clause to impose harsher penalties and to insert a new clause to allow for judicial review and nullification of decisions madeinviolationoftheAct.

317. JCJRA, K-MARA and KSMBC proposed imposing administrative and financial penalties including suspension or personalliability for officers who circumvent participation requirements. K-MARA added that provisions for disciplinary sanctions under the Public ServiceCommissionframework. 318. Ndata Julius and other members of the public proposed inclusion of enforcement obligations areviolated.

319.EmilyJ.Ngwiri was of the view that fines imposed on public institutions are often ineffective as they arepaid out of publicfunds.Hence,proposed amending the clause to hold publicofficialspersonally liable as a stronger incentive forcompliance.

320. WIRE and Yellow Rose Kenya Ltd proposed increasing the minimum penalty from five hundred thousand to five million or I% of the project's development cost(whichever is higher) to be commensurate with the economic risk and cost of non-compliance. 321. Sheria Watch and an anonymous young Kenyan legal professional and advocate for civic solicited or ignored and participation based on inaccessible formats or unreasonable timelines. 322. WPA-K proposed inserting penalties for non-inclusive participation, non-compliance prevent tokenism.

323.WeCareYouth Organizationproposed the inclusion of complementary corrective orissuepublicnoticesofnon-complianceandprovideamechanismtooperationalize citizensconstitutionalrightsunderArticlesIandIl8oftheConstitutiontosafeguardthe sovereigntyofthepeopleandintegrityofgovernanceprocesses.
324.SaidKassimwasoftheviewthattheBill lacksclearenforcementmeasuresandtherefore proposedenhancing thepenaltyfornon-compliance andallowingcourtstoinvalidate decisionsmadewithoutproperparticipation.
325.NjeriWamweaandFredrickBundiproposedanincreaseofthepenaltiestoatleast andpersonalliabilityforloss.Inherview,theproposedpenaltyis toolowtodeter constitutionalbreaches.
326.PAWAInitiativewasoftheviewthattheBilldoesnotoutlinewhatconstitutesan offence.

CommitteeObservation

327.TheCommitteeobserved thattheresponsible authoritiesunderClause6of theBill refers to individuals in the institutions outlined. However,the Committee was agreeable with amendingtheClausetoensurethatthespecifiedresponsibleauthoritiesarepersonally liable and that an option of imprisonment be included in the provision.
exerciseconductedincontraventionof theprovisionsoftheBillmaybevoidedby the Courts.

Clause21

s

Furthermore,that theCabinetSecretary in collaborationwith theCouncil of Governors should issueguidelinestofacilitatethis alignment.

CommitteeObservation

330.TheCommitteeobservedthatArticleI9loftheConstitutionprovidesforthesupremacy ofnationallawsovercountylawwheneveraconflictarises.

3.3.3GeneralSubmissionson theBill

331.CRAwasoftheviewthattheBill,asdrafted,doesnotaddressthethresholdofpublic participation andshouldbe amended to address this.Further that theBill be consolidated withthePublicParticipationBill,2023(NationalAssemblyBillNo.52of2023)and judicial precedentonpublicparticipationintheBritishAmericanTobaccoKenya,PLCv Cabinet Secretary for the Ministry of Health and Others[2019] eKLR and Robert NGakuru&OthersvGovernorKiambuCounty&3Others[2014]eKLR.

332. Bunge Mashinani Initiative proposed the inclusion of minimum standards for public participation including standards on documentation, recording of proceedings, submissions,attendance and outcomes.Furthermore,Bunge Mashinani Initiative and CPGC were of the view that the Bill does not sufficiently operationalize inclusion and as such proposed a new clause to provide explicit measures to ensure participation of women,youth,PWDsandmarginalizedcommunities.

333.CEDGGwereof theview thatfor theBilltomeetitsconstitutional intent,there isneed to incorporate detailed minimum standards,mandate the publication of operational regulations within ninety (90) days of enactment and provide clear mechanisms for citizens to challenge inadequate publicparticipationprocesses.
334.NC-POCI proposed that all public participation fora commence with the national anthem and be structured in various tiers including county, regional and national validation tiers. Furthermore, NC-POCl proposed that responsible authorities should disclose the administrativecostsof hostingpublicparticipationmeetings.
335.Furthermore,NC-POCl-proposed-introducing-a-national-award-scheme-for-citizens-who have consistently supported public participation since 20l0. Similarly, Mau Mau ChildrenPostColonial Eliteswereoftheviewthat theybecompensatedfor their inputin allpublicparticipationexercises.
336.Bajeti Hubsubmitted that thereisneed toensure thatpublicparticipationisinclusive andwith a wider and more granular geographic and demographic coverage. In addition, Bajeti Hub submitted the need for intergovernmental coordination and consolidated
337.PAWAinitiativesubmittedthatpublicparticipationshouldbeginfromthevillage spanningtothewards,cub-countyupuntil thenational level.
338.Akiolo submitted a draft version of a Bill on publicparticipation.However,he did not giveanyviewsrelatingtotheinstantBill underconsideration.

339.DlCEF submitted that the Bill should incorporate contemporary strategies for ensuring effectivepublicparticipationthroughleveragingtechnology.

Committee Observation

340. The Committee observed the following

(a)Public participation is a civic responsibility and inclusion of a threshold of a minimum meaningfulpublicparticipation.
(b)The Bill and the amendments tobeproposed by the Committee inPart ll shall outline theminimumstandardsforpublicparticipation.Theseinclude adequatenotice and modes of notification,forms of public participation,prior access to documents,a robustfeedbackmechanism,amongothers.
(c)Publicparticipation is a civicresponsibilitywhichcallsfor thepersonal commitment of citizens and dutybearersfor the betterment of the society.

3.3.4New Proposals

InstitutionalandEnforcementFramework

341.CAJproposedanentireoverhaulofPartVtoprovideforvesting theCAJwiththe mandatetooversighttheimplementationandenforcementoftheAct.Thiswould bein line with sections 3(d) and 5(1)(c) of the Access to Information Act,Cap7M that mandates theCommissiontoensure accesstoinformationanddisclosureofinformationbypublic entities.

342. CM Advocates LLP and Rosemary Karanja proposed the establishment of the Office of the Registrar of Public Participation and Civic Engagement as a statutory office with among others.

343.HENNETproposed theestablishmentof theOfficeofaRegistrarofPublicParticipation to oversee public participation.
344.CMDproposed replacing clauses 16,17 and 18 to provide for the establishment of a central agency mandated to develop a harmonized publicparticipation framework and oversee itsimplementationandenforcement.Similarly,BungeMashinaniInitiative submittedthatthereisneed toestablishanindependent authorityorcommissionto

345. KSMBC proposed an entire overhaul of Part ll of the Bill to incorporate the Office of PublicParticipation and CivicEngagement to oversee effectivepublicparticipation across theresponsible authorities. 346. JCJRA, Jimson Mwikamba,Albert Wanjeri and Said Kassim proposed amending theBilltoestablishaPublicParticipationAuthorityoraDirectoratetocoordinate, authorities indicatedinPart llof theBill.Thiswould ensureconsistency,accountability andqualityparticipationframeworksacrossall publicentities.

347.KelvinSaitoti proposed the establishmentofaNational PublicParticipationSecretariat centralizedportalandannualcountyscorecards.

348. WPA-K proposed introducing an Independent Public Participation Oversight and Appeals Mechanism under an independent body such as the KNCHR or a multi-stakeholder oversight board with representation from CsOs,private sector,professional bodies, and prevent conflict of interest where a responsible authority acts both as a referee and player.

CommitteeObservation

349. The Committee observed that establishing a central entity to oversee public participation raises serious constitutional concerns on separation of powers among the three armsof governmentandtheindependenceofCommissionsandIndependentOffices.Inaddition, centralization maylead to administrative bottlenecks and slower-decision making, ultimatelyclawingbackonmeaningful andeffectivepublicparticipation.

Specific Budgetary Allocation for PublicParticipation

350. CM Advocates LLP proposed that the Bill should establish minimum standards for p e po an r n a e od CPGCproposed the establishmentofa dedicatedPublicParticipationFund andbudget the Medium-Term Expenditure Framework (MTEF) and Programme-Based Budgeting (PBB). 351. CAF proposed an amendment to provide for funding for public participation and civic educationby insertinga newclause torequire everypublicinstitution undertakingpublic participation tomake mandatory budgetary allocation for civiceducation,mobilization, accessibilitysupport,andfacilitationofparticipationprocesses. 3. 352.KELIN,SCCSN,K-MARA,JCJRAandCSPENnoted theneed forresponsible authorities toprovide for adequate financialresources for the conduct ofpublic participationundertheproposedAct.Furthermore,NAYAproposedanewclauseto introduce mandatory public participation budget lines for youth facilitation and accessibility. 4. 353.NdataJuliusandothermembersof thepublicnotedtheneedtorequireevery public entity to allocate specific budget lines for public participation, build staff capacity through regular training on facilitation, inclusion and feedback analysis and introduce mobile rural-mass civic engagement. 5. 354.Similarly,Boniface Odhiambo Oking'submitted the needforboth national and county implementation of participation activities. 355. Bunge Mashinani Initiative proposed including a new clause to provide for a structured financing framework for civic education and participation being an allocation of I% of the national budget to a Civic Education and Public Participation Fund. Likewise,Kisii CSOs

Report of the Departmental Committee onJustice and Legal Affairs on its consideration of the44 PublicParticipationBill(NationalAssemblyBillNo.44of2025)

NetworkproposedestablishingaPublicParticipationFundwithmandatoryallocationsto sustainpublicengagementoperations.

356. Kelvin Saitoti proposed ringfencing participation funding by providing a minimum allocation of 2% of recurrent budgets verified annually by the Controller of Budget and Auditor-General. 357. NC-POCI proposed that responsible authorities must cater for the transport and accommodation of formally invited participants for public participation exercises held in Nairobi. Similarly, Mau Mau Children Post Colonial Elites proposed that the Bill especiallyvulnerable groups like warveterans. 3. funding mechanism for public participation exercises and civic education.

CommitteeObservation

359.TheCommitteeobservedthattherealizationofeffectivepublicparticipationrequires adequate budgetary allocation to facilitate the necessary processes of engaging the public. Responsible authoritiesshould allocate adequatefundsforpublicparticipationwithintheir annual budgets.Also,theCommittee noted thatprudentuse of resources isprovided as

Modes ofParticipation

360.CM Advocates LLP proposed that the Bill introduces tiered participation to classify publicparticipation into tiersbased on the complexity and technical natureof the issue of project for informed decision-making incorporating citizen knowledge with professional expertise.In its view,Tier I to encompass general public consultations for policies or projectsrequiringbroad-basedcitizen input and Tier ll to involve specialised stakeholder KSMBCwasof the sameviewnotingthatpublicparticipationshould include technical

CommitteeObservation

361.TheCommitteeobservedthatthenatureofthematterunderconsiderationisafactor that a responsible authority must consider when undertaking public participation. This will inform the mode of public participation selected, including consulting relevant stakeholdersandexperts.

Citizen-Led Public Participation

362. KSMBC proposed the inclusion of a new clause on government facilitation for a citizenled public participation forum to be financed by the proposed Office of Public Participation and Civic Engagement.

CommitteeObservation

363. The Committee observed that the responsibility leading a public participation exercise is Theresponsible authorities are required to ensure inclusivity in theprocess of engaging thepublic.

ImplementationFramework/ProvisionforRegulations

364. CM Advocates LLP noted the need for regulations to provide for a standardized tool for engagement and stakeholder mapping as well as specifying standardised timelines to 2. 365.CMAdvocatesLLP,KELIN andCSPENnoted theneedforaprovisiontomandate standards necessary to operationalize the Act. Subsequently, CM Advocates LLP proposed including a new definition of "Cabinet Secretary"to mean the Cabinet Secretary 366. MCK submitted the need for a clause to provide for procedural validity of public publicparticipation andtodeterperfunctorycompliance. 367. Kelvin Saitoti proposed the inclusion of an implementation framework to ensure responsibleauthoritiesadoptasystemthatis enforceable,measurableandcitizen-driven.

CommitteeObservation

368.TheCommitteeobserved thattheBillprovidesfor theminimumstandardsofpublic participationwhich may be elaborated further by the responsible authorities through development of specific guidelineswhichwill be tailor-made for therespective entities.

Relationship withother Laws and Review

369. KELIN and CSPEN proposed amending the Bill to provide for how the Bill should operatewithin thebroaderstatutory framework onpublicparticipation. 370. HENNET proposed including a new clause to provide for periodic review of the Act by

CommitteeObservation

371. The Committee observed that the Bill, once enacted, will provide for an overarching framework on\_public\_ participation\_which\_can\_be\_reviewed\_.through\_the\_legislative\_powers. ofParliament.

ResolvingPublicParticipationDisputes

372.JCJRA proposed introducing binding timelines and appeal mechanisms for resolving participationdisputeseither throughcourts oflaw,theOmbudsmanor anyother recognizedalternativedisputeresolutionmechanism.
373.Bunge Mashinani Initiative submitted that there is no clear mechanism for handling anavenueforcomplianthandlingandadministrativeremedies.
374.Kelvin Saitoti proposed the inclusion of a national grievance redress system with clear insertinganewclausetoprovideforenforcementandlegalremedies.

375.WPA-K also submitted that the Bill provides for citizen-triggered public participation review mechanism to enable citizens and/or CsOs to request review or commencement ofpublicparticipationwhereitisdeemedinadequate.

CommitteeObservation

376.The Committee observed that the Constitution and otherwritten laws have created mechanisms for addressing public complaints. Notably, the Commission on Administrative Justice is one of the mechanisms established to address complaints against public decisionsthatfallshorttheframeworkputiiplaceforpublicparticipation.

CountyLegislation

377.NGECsubmittedthattheBillbeamendedtoincludeaclauseoncountylegislationto require countygovernmentsto enact county-specificlegislationgenerallyfor thebetter carryingoutofthepurposesandprovisionsoftheAct.

CommitteeObservation

public participation.The Bill serves as the overarching framework for public participation that will guide county assembles when they choose to enact county specific legislation on publicparticipation.

Land Use, Spatial Planning and Development Control

379. K-MARA submitted that land-use charges and development approvals often proceed proposed that the Bill be amended to mandate documented participation of affected resident associations and recognized municipal umbrella bodies before change of user, environmental approval or major development license. This would be in line with the Article 69 of the Constitution, the Physical and Land Use Planning Act, Cap. 303 and the EnvironmentManagement and ConservationAct,Cap.387. 2. 380.Njeri Wamwea and FredrickBundi proposed a new clause to introduce special rules for decisions on public assets and land use,including a 60-day minimum period with multiple local and national hearings and mandatory disclosure of valuations and regulator ordinarypolicies.

CommitteeObservation

381.The Committee observed that by virtue of the provisions of Clause 7,the nature, importanceorimpactofamatterunderconsiderationaresomeofthefactorstobe

3.3.5ReservationsontheBill

382.JaineKalibo and Nicolette Kurwa expressed reservations on the Bill.They stated as follows:
383.JaineKaliboopposedtheBill inits entirety.Inherview,theBill isvague,discriminatory andopen to abuse.

384. Nicolette Kurwa opposed the Bill noting that it does not clarify the threshold for public participation.

CommitteeObservation

385.TheCommitteeobserved thattheBill seekstoregulatetheconductofpublicparticipation by setting\_principles andguidelines that shall apply to each\_person or entity obligated to involvethepublicindecision-making.

CHAPTERFOUR

4PUBLICHEARINGSIN THECOUNTIES

4.1Background Information

386.In accordance withArticleI18(b)of the Constitution and StandingOrder 127(3) and 3(A) of the National Assembly Standing Orders, the Committee vide an advertisement dated 2nd March 2026 (Annexure 4) invited the public to submit views by way of public hearings intwenty-four(24)counties.
387.The twenty-four counties were: Mombasa,Kwale,Kilifi,Tana River,Isiolo,Meru,Embu, Machakos, Makueni, Nyeri, Kiambu, Uasin Gishu, Laikipia, Nakuru, Kajiado, Kericho, Kakamega, Vihiga, Bungoma, Busia, Kisumu, Kisi, Nyamira and Nairobi.

4.2 Public Hearings at the Counties

388. During the public hearings exercise, members of the Public were sensitized on the Bill and afforded an opportunity to engage in public discussion by making oral submissions on the Bill. They submitted as follows:

4.2.1 Mombasa County

389. The public hearing exercise was held at the Tononoka Social Hall, Mombasa on Wednesday,25hMarch2026between10.00am and12noon. 390. A majority of the participants supported the Bill, stating as follows: 3. (a)The Bill is timely and necessary as it seeksto give effectto constitutional provisions on public participation. This would strengthen citizens'involvement in governance and promotetransparencyandinclusiveness. 4. (b)The Bill would establisha structured and uniformframework for publicparticipation acrossbothlevelsofgovernment. 5. o s asi o s ar o e od oie pino l () mattersaffectingthem. 391. Whilst supporting the Bill, some members of the public highlighted the following concerns: 7. (a) A need to provide for minimum public participation thresholds such as the number of participation fora and timelines. 8. (b)Limited civicawarenesswhich mayhinder effectivepublicparticipation. 9. (c) Inclusivity challenges for PWDs and those living in remote areas. 10. beyond formality and procedural compliance by ensuring meaningful, inclusive, and accountableengagementofthecitizenry.

FigureI:PublichearingexerciseinMombasaCounty

(e)Safety concerns overhandlingpersonal data duringpublicparticipationexercises.
(g) Low literacy levels which may necessitate the provision of documents in other languagessuchasKiswahili.
(f)A limitedreach of some modes of notifying the public,including newspapers.The includingsocial mediaplatforms andradio.
(h)The need toestablishaPublicParticipationBoard/Authorityto coordinate citizen involvement ingovernance and law-makingprocesses.

392. Hamisi Mwinyikali, Kevin Ombuya and Hilaria Mluli Farrar proposed amendments to specific clauses of theBill ascontained andconsidered in ChapterThree of thisReport. Additionally, the Coastal Regional Budget Hub, Network for Adolescent and Youth of Africa (NAYA) and Mr. Said Kassim attended the public participation forum andsubmittedwrittenmemorandawhose analysisis contained inChapterThree of this Report.

4.2.2Kwale County

393.The public hearing exercise was held at the Kwale Cultural Centre, Matuga on Thursday 26March2026between10.00amand12noon.
394.Amajorityof theparticipants supported theBill,statingasfollows:
(b) The Bill would also provide a legal framework to guide public participation in the country.
(a) The Bill would enhance public participation by providing a structured framework for thepublictosubmitviewsonvarious issuesunderconsideration,including policyformulationandlegislation.

395. The members of the public, citing economic challenges, reiterated the need for facilitation to participate in engagement fora, including the provision of reimbursements for transport expenses. In addition, the participants emphasized the need for timely provision of the documents for informed decision-making. 396. Daisy Neema proposed amendments to specific clauses of the Bill as contained and considered in Chapter Three of this Report. In addition, the Coastal Regional Budget Hubattended thepublicparticipationforum andsubmittedwrittenmemorandawhose content is contained in ChapterThree of thisReport.

Figure2:PublichearingexerciseinKwaleCounty

4.2.3 Kilifi County

397.The public hearing exercise was held at the Malindi Town Municipal Hall, Malindi on Tuesday,24hMarch2026between10.00am and12noon.

Figure3:PublichearingexerciseinKilifiCounty

398.A majority of the participants supported the Bill, stating that it would streamline public

(a) Facilitation of the public to attend public participation fora, including transport reimbursements.
categories,includingtheyouth andPWDs.
(c) Consideration of the input of the public during public engagements and adherence tothesetstandardsofparticipation.
(d) Empowerment of the National Government Administration Officers (NGAO) the creationof awareness.
(e) Leveraging technology to enhance public participation, including online links for submissionofviews andtheuseof social mediaplatforms tocreate awareness.
399.Some participants proposed the following amendments:
(a)Theneed toprescribe minimum number of attendeesrequired for a forum to formality.
(b) Specific notice period for public participation and timely provision of the relevant documents and information, including simplified versions for informed input from thepublic.
(c)A feedbackmechanism to documentand communicate the considerationofpublic views by the responsible authorities.Thiswill help to enhance the influence of the public views in the formulation of laws, policies, projects and budget scrutiny.
(d) Civic education before public participation to empower the public to make informed decisions and input.

400. In addition, the Coastal Regional Budget Hub attended the public participation forum and submittedwritten memorandawhosecontentis contained in ChapterThreeof this Report.

4.2.4Tana River County

401. The public hearing exercise was held at the Tana Delta Education Centre, Garsen on Monday23rdMarch2026between10.00 am and 12 noon.

Figure4:PublichearingexerciseinTanaRiverCounty

402. A majority of the participants supported the Bill stating as follows: 2. (a)The Bill would strengthen and enhance public participation,especially in county governments. The residents highlighted key challenges hampering effective public participation at the devolved units, including: 3. (a) limited accesstoinformation; 4. (b) inadequatenoticeperiod; 5. (c) logistical challenges, including access to venues earmarked for public participation; and 6. (d) lack of consideration of their input on policies, laws and projects. 7. (b)TheBillwas timely,notingtheneedfor aframeworktoprovidefor a structured and standardized process of engaging the citizenry on matters of law, budgets and policies. In addition, public participation will cover various sectors including health and education. 8. (c) The Bill would enhance inclusivity in public participation by ensuring representation of persons with disabilities, youth, women and other special interest groups. The members of public reiterated the need for devolvingpublicengagement at the grassroots for effective and inclusive participation. 9. reduceconflicts andfostercommunityownershipofthesame.Citinga lackofpublic community. 403. Some participants proposed amendments to provide for: 11. (a) A feedback mechanism or reporting on views and input of the public during public participation. 12. (b) Inclusionof acompliance schedule to theBill foreffectiveimplementationand enforcement of theprovisionsby theresponsible authorities.

4.2.5Isiolo County

404. The public hearing exercise was held at the Catholic Diocese Hall,Ilsiolo on Thursday 26h March2026between9.00am and11.00 am.

Figure5:Publichearing exerciseinIsioloCounty

405.A majority of theparticipantssupported theBill stating asfollows:
(a) The Bill accords the public an opportunity to participate in the public policy decisions of the country;
(b)The public participation process enriches the policy discourse on a subject matter bybenefittingfromtheopinionsofvariousactors;and
(c) The public participation process accords the public an opportunity to raise with the policy makers any other issue that may require immediate attention from the policymaker.

406. Some participants proposed the following amendments to the Bill:

(a) Amend clause 9(1) by deleting the word 'may' and replace it with the word 'shall' tomake itmandatory for theresponsible authority tonotifythepublic about its intentiontoconductpublicparticipationexercise;
(b) Amend the Bill by providing for a reasonable time within which a public
(c) Amend the Bill by expressly providing for the satisfactory inclusion of the persons with disabilityby ensuring they areaccordedthenecessarytoolstofacilitate their
(d) The Bill should provide a feedback mechanism for the public after the conclusion of a public participation process.

4.2.6Meru County

407. The public hearing exercise was held at the Kamunde Hall, Meru on Thursday 26th March 2026 between 2.00 pm and 4.00 pm.

Figure6:Publichearing exerciseinMeruCounty

408. A majority of the participants supported the Bill stating as follows:

governance by providing a legal framework for the conduct of public participation; and
(b) The Bill gives the public an opportunity to contribute to the decision-making process in the country.

409. Some participants proposed the following amendments on the Bill

(b) The financing of the public participation process must be budgeted to facilitate the participants.
(a)The role of the NGAO must be recognized in the Bill because of the crucial role they play in supportingpublic engagement exercises.
(c)There should be a provision in the Bill that allows the public to give theirviews virtually which is a cost-effective mode of engagement.
(d)Thereshouldbe aprovisionthatprovidesfor transportreimbursementfor

4.2.7 EmbuCounty

410. The public hearing exercise was held at the Talent Academy, Embu on Friday 27th-March 2026between9.00amand11.00am.

Figure7:Publichearing exerciseinEmbu County

4l1. A majority of the participants supported the Bill stating as follows:
formulation and shaping of public policy decisions within the country.
diverse perspectives and insights from a broad range of stakeholders.
(c)Theprocess further enables the public tohighlight additional issues of concern that may require immediate attention and intervention from policymakers.

412. Some participants proposed the following amendments on the Bill;

(a) Amend clause 20 of the Bill to include a prison sentence of one year for any responsible authority thatwilfullyfailsto adhereto theprinciples andguidelines setoutunderthisBill.
(b) Designate places at the constituency level to receive written submissions during publicparticipationsuch astheNG-CDFOffices.
(c) Civic education is a precursor to any successful public participation process and thereforethereshouldbecontinuousciviceducationforthepublic.
(d)TheBill shouldprovide for afeedbackmechanism for thepubliconany matter subjected to public hearing.

4.2.8Machakos County

413. The public hearing exercise was held at the Catholic Hall, Machakos on Monday 23rd March 2026 between 2.00 pm and 4.00 pm. 2. 414.A majorityof theparticipants supported theBill statingasfollows:

Figure8:PublichearingexerciseinMachakos County

(a) The Bill is viewed as an essential instrument to establish a legally binding and standardized engagementprocedurenationwide.
(c) By establishinga clear, standardized law,the\_government will prevent the procedural failures that havepreviouslyledtothenullification of majorreformsby the courts.
(b)The current methods feel like participation is just a box-ticking exercise.To get peoplegenuinelyinvolved,thereisneedtopickmeetingtimes andvenuesthat are accessibletoeveryone.

415. Some participants proposed the following amendments to the Bill:

(b) Stakeholders emphasized the need to ensure that the process is inclusive of women,youthandthoseinremoteareaswhofaceenvironmentalbarriersto attendpublicparticipationfora.
(a)Therewas a major concernthat theBilldonotadequatelycater toPWDs. Participantscalledfor themandatoryinclusionofbrailleversionsforthevisually impaired and Kenya Sign Language interpretation for the deaf.
(c)Arecurringreservationwas the absenceof aclearlegalobligationfor authorities todemonstrate howpublic input actually influenced thefinal decision.Stakeholders calledfora transparentfeedbackmechanismwherecitizenscantrace theimpact oftheirvoices.
416.In addition,Mau MauChildrenPostColonial Elites attended thepublicparticipation forum andsubmittedwrittenmemorandawhosecontentiscontainedinChapterThree of this Report.

4.2.9 Makueni County

417. The public hearing exercise was held at the Wote Green Park Gardens, Wote on Monday 23rdMarch2026between9.00 am and11.00am.Theparticipants submitted asfollows: 418. A majority of the participants supported the Bill stating as follows: 3. (a)StakeholderscommendedtheBillasasubstantiveadvancementandavital mechanism for establishing a mandatory uniform framework for public participation across all levels ofgovernment.

Figure9:PublichearingexerciseinMakueniCounty

e udsun el sassod saaa sixa ar passe e (a) accessibility.
(c) The Bils inclusion of a Kshs.500,000 fine for responsible authorities who wilfully neglect participation guidelines would serve as a foundational accountability mechanism.
(d) By involving a diverse cross-section of the public, policymakers gain access to e s responsive laws.
419.Someparticipantsproposed thefollowingamendmentsto theBill:
(a)Responsible authorities should publish reports showing how public input actually influencedfinaldecisions.
withdisabilities(PWDs).
(c) The proposed fine for officials who wilfully neglect participation guidelines be increasedtoKshs.I,5oo,oo0toensureasufficientpreventiveoutcome.
(d)Some of theparticipants stated thattherewasneed to advocate for mandatory civic education before participation exercises to equip individuals with the requisite knowledge and information to familiarize with the subject matter.
(e) There was need to focus on ensuring women and youth in remote counties are notleftout.
? Participants noted that many individuals incur significant travel costs to reach public participation forum venues, which are often centralized in county headquarters, effectively locking out those from rural sub-counties.

4.2.10 Nyeri County

420. The public hearing exercise was held at the Nyeri Cultural Centre Hall, Nyeri on Wednesday25March2026between9.00amand11.00am. 421. A majority of the participants supported the Bill stating as follows: 3. (a) The Bill operationalizes constitutional principles that require citizen involvement ingovernanceprocesses. 4. involved in decision-making processes beyond periodic elections.

FigureI0:PublichearingexerciseinNyeriCounty

422.Some participants proposed the following amendments on the Bill:
(a) Given that civic education underpins effective public engagement, the Bill should provideforongoingandstructuredciviceducationforthepublic.
(b)TheBillshould identify anddesignate accessiblevenues at theconstituency level, such asNG-CDFoffices,tofacilitatethesubmission ofwrittenviewsduringpublic participation from multiple participants in different areas.
(c) The Bill should further include provisions establishing a feedback framework to keep the public informed on the outcomes of issues subjected to public participation.
423.Inaddition,MauMau ChildrenPostColonial Elitesand theCoalitionforPeace andGender Champions (CPGC)attended the publicparticipation forum and submittedwrittenmemorandawhose content is contained inChapterThreeof this Report.

4.2.1l Kiambu County

424. The public hearing exercise was held at the Kiambu Municipal Hall, Kiambu on Saturday, 28hMarch2026between9.00amand11.00am. 425. A majority of the participants supported the Bill, stating as follows: 3. (b)Further,members of the publicrecommended that the relevant responsible authorities conductciviceducation onmatters underconsideration.This would promoteeffectiveand activeparticipation. 4. (a)The\_Bill\_would\_promote\_public\_involvement\_in\_decision-makingand\_provide guidelines for conducting publicparticipation.However,public participation must be meaningful,accountable to the citizenry,and accessible to all,including at the grassroots level. In addition, public participation should involve all stakeholders, including Community-Based Organisations (CBOs) and youth groups. 426. Some participants submitted that the Bill is not necessary, citing various provisions, including: 6. (a) Sections 1l and 12 of the Public Service (Values and Principles) Act, Cap. I85C whichprovide forpublicparticipation in the promotion ofvalues andprinciples of publicserviceandinpolicymaking. 7. (b)Section52of theCountyGovernmentsAct,Cap.265whichprovidesfor the establishmentof theofficeofvillage administratorwithfunctionsincludingassisting the village unit to develop the administrative capacity for the effective exercise of the functions and powers and participation in governance at the local level.

FigureII:PublichearingexerciseinKiambuCounty

(c)Article 174(c)of the Constitution whichprovides forpowersof self-governance to the people and participation of the people in the exercise of powers of the State and inmakingdecisions affecting them.

427. Some participants proposed amendments to provide for:

(a) Establishment ofaPublicParticipationCommission for management and accountability in relation to the engagement of the public.
(b) A feedback mechanism to provide for a reporting framework on consideration of public input. This would enhance the accountability and legitimacy of proposed legislation and policies.

428. Mukiri Michael and Maslahi ya Jami CBO proposed amendments to clause I4 as contained in Chapter Three of this Report.In addition, Bunge Mashinani Initiative and Sauti yaMtaa attended the publicparticipation forumandsubmittedwritten memorandawhosecontentiscontained inChapterThreeof thisReport.

4.2.12Uasin Gishu County

429. The public hearing exercise was held at the County Hall Uasin Gishu, Eldoret on Saturday 28hMarch2026between10.00amand12noon. 2. 430.Amajorityof theparticipantsagreedwith theenactmentof theBilltoregulate the principle ofpublicparticipationas enshrined invarious Articles of the Constitution includingArticleI0onthenationalvalues andprinciplesofgovernance. 3. 431.During the publichearing,the members of the publicmade the following submissions: 4. (a)to ensure meaningful public participation, the Bill should provide for a threshold of public participation conducted through public hearings; 5. (b) those who participate in public hearings should be the people who are directly affectedbythematterunderconsideration; 6. (c)provisionof afeedback mechanism whichwill showhow theviews of the public have been taken into considerationby theresponsible authorities; 7. (d) the Bill should include aprovision onfacilitationofthepublictoattend and participate throughpaymentof transportallowance; 8. (e) the members of the public require to be sensitized on the matter under considerationprior togivingviews; 9. (f)the members of the public require at least fourteen (l4) days'notice before participating in any forum seeking to collect views form the public;

Figure2:PublichearingexerciseinUasinGishu County

(g)ensure effectiveparticipationof theminorities and marginalizedgroupsincluding PWDs, youth,women and the elderly persons in the society;
agreeingorrejectingtheviewsofthepublic;
ensurepublicparticipationexercises areconducted in accordancewithArticle27 of the Constitution on equality and freedom from discrimination;
theresponsibleauthoritiestoincludeprivatesectoractorswhomakeand implement decisions affecting thepublic;and
(k) theresponsible authorities toavail the necessary documents tothepublicin advance.
432.Inaddition,Mau Mau ChildrenPostColonial Elites fromWestPokot and Trans Nzoia and Rev. Simion Kipkogei attended the public participation forum and submitted writtenmemorandawhose contentis containedinChapterThreeof thisReport.

4.2.13Laikipia County

433. The public hearing exercise was held at the NG-CDF Hall, Nanyuki on Wednesday 25h March 2026 between 2.00 pm and 4.00 pm. 434. A majority of the participants supported the Bill stating as follows: 3. (a) The Bill provides clear guidelines, timelines, and mechanisms for participation, reducing arbitrariness and inconsistency across institutions; 4. (b)Policies shaped with citizen input are more aligned with public needs, leading to more effective and efficient service delivery; 5. (c) A structured participation framework ensures marginalized and underrepresented groups have a voice in governance; and 6. (d) Engaging stakeholders early reduces resistance,builds consensus and minimizes disputes during policy implementation. 7. 435.Some participants proposed the following amendments to the Bill; 8. (a) Provision should be made for adequate funding to effectively facilitate public participation activities,includingsupportforparticipants. 9. (b)TheBill should include mechanisms that allow forvirtual submission of views,as a moreaffordableandaccessibleformofengagement.

Figure13:PublichearingeexerciseinLaikipiaCounty

supportingpublic participation initiatives.

4.2.14Nakuru County

436.Thepublichearing exercisewas held at theKenya Red Cross Hall,Nakuru Town on Monday23rdMarch2026between8.00amand10.00am.

437. A majority of the participants supported the Bill stating it is necessary to have a legislative frameworkinplacewhichwill makeprovisionsfortheconductofpublicparticipation in governance as enshrined in the Constitution.

438.The members of public submitted as follows, that:
(a) the Bill needs to ensure effective participation of the minorities and marginalized hours of meetings;
(b) timely access to the necessary documents and information in a language that is easy tocomprehend includingaccessibleformatsforPWDs;
(c)theBill shouldprovide timely noticeto themembersof thepublicbefore a public participation exercise is undertaken;
(d) the Bill should include a provision on facilitation to allow members of the public to attendandparticipate;
(e) theresponsibleauthoritiesshouldbeexpandedtoincludetheComptrollerof StateHouseandtheHeadofPublicService;
(f)theBill shouldprovidethatofficialstaskedwithconductingpublicparticipation shouldconductthemselvesinacourteous andrespectful manner;and
(g) the Bill should provide for a reward scheme for serious participants.

439. In addition, the Nakuru County Public Opinion Consultative Institute (NCPOCl) and Centre for Enhancing Democracy and Good Governance (CEDGG) submitted awrittenmemorandawhosecontentis contained inChapterThreeof this report.

Figure14:PublichearingexerciseinNakuruCounty

4.2.15 Kajiado County

440.The public hearing exercise was held at the Maasai Technical Institute Hall,Kajiado on Tuesday 24hMarch2026between10.00 am and 12 noon.

Figure15:PublichearinginKajiado County

441. A majority of the participants supported the Bill stating as follows: 2. (a)Public participation is paramount in public governance sinceit gives the public an opportunitytoownpublicprocesses. 3. (b)The Bill gives effect to the principles of public participation as enshrined in Articles 1,10,35,69,118,174,184,201and232of the Constitution. 4. (c)Public participationallows thepublicmakeinformeddecisionsresultingin improvedpublictrust ingovernanceprocesses. 5. (d) The Bill allows the public to exercise the sovereign power directly as envisaged underArticleIoftheConstitution. 442. Some participants proposed the following amendments to the Bill citing the following: 7. (a)Theparticipantsstressedtheneedtospecifythethresholdon thenumberof participantsforpublicparticipationexercisesbasedonthesubjectmatter. 8. (b) Introduction of a recourse mechanism for the public in scenarios where they have 9. (c)The creation of a Public Participation Fund to\_ finance\_the logistical needs\_of the publicparticipationprocessincludingtransportreimbursement. 10. (d)Anincrease of thefine for non-compliance fromKshs.500,000 toKshs.I,0o0,000.

4.2.16 Kericho County

443.The public hearing exercise was held at the ACK Church Hall, KerichoTown on Monday 23rd March 2026 between 2.00 pm and 4.00pm.

Figure16:PublichearingexerciseinKerichoCounty

444. A majority of the participants agreed with the provisions of the Bill which seeks to regulate the constitutional principle ofpublic participation which is an indispensable element of d d a e r important in promoting the social inclusion. 2. 445.Inparticular,the participants at thepublichearing submitted asfollows,that: 3. (a)onnotification of thepublicbeforeconductofapublicparticipation exercise,there is need to specify a timeline of at least fourteen(l4) days'notice; 4. (b) the Constitution obligates the State to promote the use of indigenous languages, therefore,the responsible authorities should ensure publicparticipation exercise is conducted in local/indigenouslanguage ifpossible; 5. (c)the Bill mayprovide for the use of chiefs andvillage elders as a mode of notifying the public of an upcoming public participation exercise; 6. thepublictointerrogatewithmannerinwhich theviewsof thepublicweretaken into account; 7. (e) themembers of the public require facilitation such as fares to attend public hearings; 8. ? the modes of public participation may include stakeholders and experts' engagement; and 9. (g)the Billneeds toinclude a provision on sensitizationof the public before conducting a public participation exercise to enable the members of the public submittheirviewsfromaninformedpointofview.

4.2.17KakamegaCounty

446. The public hearing exercise was held at the Magharibi Hall, Kakamega town on Thursday 26March2026between8.30amand10.30am. 2. 447.Amajorityof theparticipants supported theBillstatingthat the enactmentof theBill is timelyinordertoregulatetheconductofpublicparticipationwhichis anationalvalue and principle of governanceprovided by the Constitution. 3. 448.Theparticipantsmadethefollowingrecommendations: 4. (a) theresponsible authorities shouldallocate adequate resources through their hearings to enable them submit theirviews; 5. (b) thenoticeissuedbyaresponsibleauthoritybeforeundertakingapublic participation exercise should be issued at least twenty-one (2l) days prior to the exercise;

Figure17:PublichearingexerciseinKakamegaCounty

(c)thepenaltyforfailuretoadhereto theprinciples andguidelinesshouldattract a stifferfine topromotecompliance;
(d)tohelpdeal withtheissuesraisedonfacilitatingthe attendanceofmembersof the public,thepublichearings may beheld at the sub-county level;
(e)thereshouldbepenaltyforfailureby theresponsible authorities totakeinto account\_the\_views\_ofthe\_public;
theresponsibleauthoritiesmayleverageontechnologytofacilitate accessto documents relating to a matter under consideration in a public participation exercise;
(g)theBill mayprovide for a sensitizationmechanism to enable themembers of the publictoeffectivelycontributetothematterunderconsideration;
(h) the establishment of a Directorate of Public Participation to ensure coordination ofpublicparticipationexercises;and
? on the modes of making submissions, the Bill may allow for anonymous submission of views.
449.In addition,MauMauChildrenPostColonial Elitesattendedthepublicparticipation forumandsubmittedawrittenmemorandumwhosecontentiscontainedinChapter ThreeofthisReport.

4.2.18 Vihiga County

450. The public hearing exercise was held at the Praise Centre Church, Mbale on Wednesday 25h March 2026between 2.00 pm and 4.00 pm. 2. 451.A majority of the participants agreed with the enactment of the Bill to regulate the principle ofpublicparticipationas enshrined invariousArticles of the Constitution includingArticleI0onthenationalvaluesandprinciplesofgovernance. 452. In particular,the members of the public submitted as follows: 4. (a)thepublicshouldbeaffordedreasonablechance toexpresstheirviews; 5. (b) inadequate funding for public participation has reduced the quality and frequency ofparticipation,therefore theresponsible authoritiesshouldpromote effective 6. (t) establish of a directorate of public participation to coordinate and manage the conductofpublicparticipation; 7. (d)theviewsandrecommendationsby thepublicshouldbepublishedandpublicized; 8. (e)thenoticeissuedbyaresponsibleauthoritybeforeundertakingapublic participation exercise should be issued at least fourteen (l4) days prior to the exercise;

Figure18:PublichearingexerciseinVihigaCounty

(f)theBill tomakeprovisionson civiceducationwhichwill help address theissue of citizen apathy;
g)i inclusion of aprovision to sanction a responsible authoritythat fails totake into accounttheviewsofthepublic;
(h) the members of the publicrequire facilitation to attend publichearings;
pe emsl pue ys yoq u pue sidos prey u uonp on ssooe (i) possible local languages;
(i)the public hearings may be devolved to the ward level; and
453.In addition,Vihiga Right to Food Ambassadors and Vihiga CsOs Network attended thepublicparticipationforum andsubmittedwrittenmemorandawhosecontent is contained in Chapter Three of this Report.

4.2.19 Bungoma County

454. The public hearing exercise was held at the Red Cross Hall, Kanduyi on Friday 27h March 2026 between 11.00 am and 1.00 pm. 2. 455.A majority of the participants agreed with the enactment of the Bill to regulate the principle of public participation as enshrined in various Articles of the Constitution includingArticleI0on thenationalvaluesandprinciplesofgovernance. 3. 456.During the publichearing,themembers of thepublic made thefollowing submissions: 4. (a)for effective public participation to be achieved, the members of the public require 5. (b)responsible authoritiesmay tap on the use of local barazas and religious institutions tonotify the public of an upcoming publichearing; 6. (c)the Bill should ensure thepublic access documents in advance; 7. (d)public participation exercises should beinclusive where PWDs are give an opportunity to attend public hearings as well as make submissions during public hearings; 8. (t least fourteen (l4) days'notice; 9. (g) responsible authorities to report the outcome of a public participation exercise within twenty-one (21) days; 10. (h) the Bill should provide for a penalty for failure to conduct public participation;

Figure19:PublichearingexerciseinBungomaCounty

(i)include aprovisionintheBillthatrequires theresponsibleauthorities tofacilitate the attendanceof themembersof thepublic;and
(i)include a clause on audit of apublicparticipation exercise.
457.In addition,MauMau ChildrenPostColonial ElitesfromBungoma attended the public\_participation\_forum\_and\_submitted\_a\_written\_memorandum\_whose\_content\_is contained in Chapter Three of this Report.

4.2.20Busia County

458. The public hearing exercise was held at the Busia Social Hall, Busia Town on Thursday 26th March 2026between 2.00 pm and 4.00pm. 459. A majority of the participants supported the Bill stating it is necessary to have a legislative frameworkinplacewhichwill regulate theconductofpublicparticipationingovernance asenshrined in theConstitution. 3. 460.Theparticipantsrecommendedasfollows: 4. (a) there is need to specify reasonable time that a responsible authority gives to the publictosubmittheirviews; 5. (b)public participationexercises shouldbe inclusive taking intoaccount the representation of PWDs,women,youth and the elderly; 6. (c)theresponsible authorities shouldfacilitate the attendanceof members of the publictopublichearingstoenablethemsubmittheirviews; 7. (d) the Bill should providefor a clearreporting mechanism to enable the members of thepublicgetfeedbackonhowtheirviewshavebeen incorporatedinthematter under consideration;' 8. (e) there needs to be a provision on the threshold of public participation done through public hearings; 9. (f)the principles of publicparticipation should include sensitization of the public on the matter under consideration to enable thepublicmakeinformed submissions; and 10. easytocomprehend includingaccessibleformatsforPWDs.

Figure20:PublichearingexerciseinBusiaCounty

4.2.21 Kisumu County

461. The public\_hearing exercise was held at the Tom Mboya Labour College, Kisumu on Wednesday25th March2026between9.30 am and11.30 am. 462. The Bill was supported by a majority of the participants who stated that the enactment of the Bill is timely in order to regulate the conduct of public participation as guaranteed by theConstitution. 463. During the public hearing, the participants made the following recommendations: 4. (a)theresponsibleauthoritiesshould allocate adequateresources to facilitate the attendance of members of the public through provision of transport allowance; 5. (b) the notice issued by a responsible authority before undertaking a public participation exercise should be issued at least fourteen (l4) days prior to the exercise; 6. (c) on access to documents and information, the information should be simplified in order toensure the members of thepublic understand the matter under consideration; 7. (d) the use of hotels as venues of public hearings by responsible authorities should be discouraged; 8. (e) the title of the Bill may be amended to "The Public Participation and Engagement Bill'; 9. (f) the Bill should define the term "public"; 10. (g) the penalty for failure to adhere to the principles and guidelines should be against an individual; 11. (h) the Bill may provide for a sensitization mechanism to enable the members of the public to effectively contribute to the matter under consideration; 12. for meaningful public participation to be achieved, there needs to a provision on minimum quorum for a public hearing to take place; 13. (k) the Bill should provide for the publication of the outcome of public participation giving reasons for accepting or rejecting the views of the public; and 14. 1 principles of public participation. 15. 464.Inaddition,KisumuSocial MovementandBudgetChampionsforMuunganowa Wanavijiji(KSMBC)attended the publicparticipation forum and submitted written memoranda whose content is contained in Chapter Three of thisReport.

Figure2I:PublichearingexerciseinKisumuCounty

4.2.22 Kisii County

465. The public hearing exercise was held at the Agricultural Training College, Kisi on Tuesday 24hMarch2026between2.30pm and4.30pm. 466. The Bill was supported by a majority of the participants who stated that the enactment of the Bill is timely in order to regulate the conduct of public participation as guaranteed by theConstitution. 467. During the public hearing, the participants made the following recommendations: 4. (b) the responsible authorities should allocate adequate resources to facilitate the attendance of members of the public through provision of transport allowance; 5. (a) the Bill may provide for a citizen sensitization mechanism to enable the members of thepublictoeffectivelycontribute tothematterunder consideration; 6. (c) the notice issued by a responsible authority before undertaking a public participation exercise should be issued at least fourteen (l4) days prior to the exercise; 7. (d)on access to documents and information,the information contained in these documents should be inEnglish andKiswahili; 8. (e) the penalty for failure to adhere to the principles and guidelines should be enhanced; 9. (f)\_for\_meaningful-public-participation-to-be-achieved,-there-needs-to-a-provision-on minimum quorum for a publichearing to take place; 10. (h) to enhance accessibility, public hearings should be taken closer to the people; and enhancement of the general penalty for failure to adhere to the principles and guidelines of publicparticipation. 11. (g) the Bill should provide for a feedback mechanism through the publication of the the public;and 468. In addition, Kisii CsOs Network attended the public participation forum and submitted a writtenmemorandumwhosecontent is contained inChapterThreeof thisReport.

Figure22:PublichearingexerciseinKisii County.

4.2.23 Nyamira County

469. The public hearing exercise was held at the West Mugirango NG-CDF Hall, Nyamira on Tuesday24hMarch2026between10.00 am and12 noon.

470. A majority of the participants supported the Bill which seeks to set the standards and membersofthepublicsubmittedthattheywere cognizantof thegaps andchallenges Bill will assist inbridging these gaps. 2. 47l. During the public hearing, some of the oral submission received by the Committee in respecttotheBillinclude: 3. (a) the guiding principles of public participation may be expanded to include all sovereign power belongs to the people and as well as the right to equality and freedomfromdiscrimination; 4. (b) the responsible authorities undertaking public participation should be independent inundertakingsuchexercises; 5. (c) the Bill should contain aprovision on facilitating the members of thepublic to attend publichearingmeetings to give theirviews; 6. (d) many people have been discouraged from attending public participation meetings due to inadequate feedback mechanism.Therefore, a robust reporting mechanism is necessarytool to address the issue ofcitizen apathy; 7. (e)Parliament andotherpublic entities shouldensure thattheBills andother documents,presented to the public duringpublicparticipation exercise,are not onlywritteninEnglishlanguagebutalsoKiswahili; 8. notification of the public. In this case,the Bill requires to specify a timeline of at least fourteen (l4) days before a responsible authority conducts a public participation exercise; 9. (g)publicparticipationshouldbeinclusivebyensuring theattendanceand participationof theyouth,PWDs,womenandtheelderly; 10. (h) civic education is an important pre-requisite for effective public participation; and provisionsoftheBill. 11. 472.In addition,Umoja Ebenezer CBO attended the public participation forum and submittedawrittenmemorandumandorallydetailingthat: 12. (a) communication is a key element of public participation and that the process should bedevolvedtothelowestleveltoreachthemwananchiandasmanystakeholders. 13. (b) outreach be expanded beyond newspapers to reach the local communities including through, "..local radio, Minto FM, Egesa and other social media.." platforms. 14. (c) responsible authorities should ensure the use of genuine registration lists to confirm that the list of attendees in publicparticipation fora is factual.

participation exercise instead of seven to fourteen (7-14) days.
(e)Responsibleauthorities bemandatedtoprovidetechnicalassistance and facilitators to explain the contents of the subject matter under public participation in a simple language.

4.2.24Nairobi County

473. The public hearing exercise was held at the Mini Chamber, County Hall, Parliament Road onFriday27hMarch2026between2.30pm and 4.30pm. 474. Mtoto News International, Sheria Watch and Oxygene MLC appeared before the Committee andsubmittedwrittenmemorandawhose contentiscontained inChapter Three of this Report.

Figure23:PublichearingexerciseinNairobiCounty

Mode ofinvolving children in Public Participation

475. Notably, Mtoto News International raised a novel intervention on the appropriate modeof involvingchildreninpublicparticipationforumsinlinewiththeprovisionsof section28of theChildrenAct,Cap.14l.TheCommitteereceived theirsubmissionand facilitated their participation in shaping the overarching law governing inclusion of children inmattersthataffecttheminfuture.

4.3\_Consideration-ofthe-Views-Received-at-the-Counties

4.3.1Committee Observations

Inclusion ofciviceducation aspartof theBill

476.The Committee observed that civiceducation andpublicparticipation are distinct aspects. While, civic education is the process of informing and educating citizens about their rights and duties, public participation is active involvement of the public in decision-making processes.

Facilitationofmembersofthepublictoattendpublichearings

477. The Committee noted that public participation is a civic responsibility and that any form offinancialfacilitationforattendanceofmembersofthepublicisdiscouragedbecause paying attendees may undermine genuine participation,result inskewedoutcomes and createinequality.

ApplicationoftheActtoallprivateindividualsandentities

478.The Committee observed that the Bill applies to responsible authorities listed under Clause 6 and the public with respect to public participation. The responsible authorities

underClause6covers all Stateofficers orpublicofficers inthe national andcounty levels of government. Additionally, Clause 6(i) incorporates private persons who are charged Bill does not apply to every private individual or entity since this would interfere with theirprivacy and autonomy.

Expanding the scope of the Bill to include budget-making and government projects and programs

479. The Committee noted that Clause 4(2)(a) covers all aspects of governance including theambitofpublicpolicies.

Provision ofa specific timeline for a notice of apublicparticipation exercise

480. The Committee observed that various matters have varying constitutional and statutory timelines. However,giving a reasonable notice is vital. The notice period will be determinedbyfactorssuchasthenatureofthematterunderconsideration,theimpact ofthematterunderconsiderationand anyconstitutionalorstatutorytimelines.

Use of NGAO to notify the public of upcoming publichearings

481.TheCommitteenoted thatNGAO,through theprovisionsofsectionI7of theNational GovernmentCo-ordinationAct,areresponsibleforco-ordinationofnationalgovernment functionsassetoutintheConstitutionandanyotherwrittenlawatthecountylevel.One of thekeyelementsofco-ordinationisinformationsharing,Therefore,withrespectto public participation, these officers are already mandated to notify the public and facilitate pubic participation.

Providing a reporting and feedback mechanism by responsible authorities

482.TheCommitteeobserved that afeedbackmechanism enables thepublicto appreciatethe value of their participation and build confidence in public participation processes. Therefore, the outcome of the public participation should not only be published but also publicized as soon as is practicable taking into account the nature, urgency and impact of thematterunderconsideration.
Requirement to give reasons for accepting or rejecting the views of the public
483.The Committee noted that while there is no express constitutionalobligation to give reasons for the outcome of a public participation exercise, reasonable measures should be put in place by the responsible authorities to guide on consideration of views received.

Prioraccessto documents and information

484.The Committeeobserved thataccesstoinformation,guaranteedbyArticle 35of the Constitution,isvital forthe achievement of meaningful and effectivepublicparticipation. Therefore, prior dissemination of information, in official languages, by responsible authoritiesisnecessaryforeffectivepublicparticipation.
485.The Committee observed the Constitution recognizes the need to build an inclusive society. Therefore, the responsible authorities should ensure that public participation processes include the minorities and marginalized groups through use of appropriate venuesformeetings.

486. Further, the Committee noted that during public hearings, the responsible authorities should includeKenyaSignLanguage interpretation.

Provisionofa thresholdforpublicparticipation

487. The Committee observed that public participation is a civic responsibility and stating a minimum-number-ofparticipants-for-an-exercise-to-qualify-as-a-public-participation-forum maybeproblematicsincenumbersalonedonotguaranteemeaningful publicparticipation. Attention should be given to procedural standards such as adequate notice and prior accesstodocuments.

Enhancementof thefinepayable fornon-compliance

488. The Committee noted that, for purposes of effective enforcement of the Bill and deterrence,theClause20maybeamendedtostatethattheresponsibleauthorityshall be personally liable for failing to adhere to the law.

CHAPTERFIVE

S-COMMITTEEOBSERVATIONS

489.Upon considering theBill and submissionsreceived on the Bill,the Committeemade the followingobservations:
(1)Public participation is an indispensable element of democracy that binds all State organs,State officers,public officers and all persons making and implementing public policy decisions.Therefore, the Bill seeks to put in place a framework for the conduct of public participation by codifying the standards and guidelines necessary for effective and meaningful public participation.
(2) Although civic education and public participation are related, they are distinct concepts. Civic education is the process of informing and educating citizens about their rights and duties whereas public participation is active involvement of the public indecision-makingprocesses.
various Articles. Therefore, the Bill seeks to define"public participation"using the Policy on Public Participation (Sessional Paper No. 3 of 2023) widens the scope of publicparticipation in a manner not contemplated by the Constitution.
entities that do not make or implement public policy decisions as this would interfere with their privacy and autonomy.
(9) helps sustain and expand our democracy. Therefore, any form of financial facilitation forattendanceof membersof thepublicis discouragedbecauseitmayundermine genuine participation, result in skewed outcomes and create inequality.
(7) Capacity building for public participation is vital. The duty bearers require relevant Therefore, the responsible authorities need to engage adequate human resources with appropriate skills and competencies to manage public participation functions.
(8)Different State organs with different mandates address different issues.As such,each responsibleauthorityshouldbeallowedtoadoptrelevantinternalprocessestoallow it to involve the public in its decisions to the greatest extent possible. The Bill is a standardframeworkthatallowsresponsibleauthoritiestocustomizetheirpublic participation processes, if need be, through specific guidelines.
the principles of public finance including prudent use of resources. Furthermore, in

selectingavenue forpublicparticipation,responsible authoritiesmustensure thatthe venues chosen are accessible toall,especiallyPWDs.

CHAPTERSIX COMMITTEERECOMMENDATIONS

490.The Committee, having considered the Public Participation Bill (National Assembly Bill No. 44of 2025)and the submissions frommembersof thepublic andstakeholders, recommends that the House approves the Bill with the amendments contained in the Schedule of Amendments forming Chapter Seven of this Report.

7. 4.026

SIGNED...

.DATE.

HON.GEORGEGITONGAMURUGARA,CBS,MP CHAIRMAN DEPARTMENTALCOMMITTEEONJUSTICEANDLEGALAFFAIRS

CHAPTERSEVEN

7SCHEDULEOFAMENDMENTS

491. In view of the observations made, the Committee proposed the following amendments to the Bill:

LONGTITLE

pe p a e a l long title——

ABillfor

AN ACT of Parliament to provide for the conduct of public participation; to give effect to the constitutional principle of participation of the people enshrined in Articles I, 10(2), 69(1)(d), 118, 174(c),184(1)(c), 196, 201(a) and232(1)(d)oftheConstitution;and forconnectedpurposes

Justification: To include the expression "Article I"of the Constitution on sovereignty of the people which anchors the principle of public participation. Also, to include the expression

CLAUSE2

THAT Clause 2 be amended in the definition of "public participation" by deleting the word "involving" appearing immediately after the words ""process of' and substituting therefor the word "engaging".

Justification: The use of the word "engaging" is comprehensive and implies active involvement of thepublic.

CLAUSE3

THAT the Bill be amended by deleting Clause 3 and substituting therefor the following new Clause--

3. The object of the Act is to enhance, promote and facilitate public participation of 196, 201(a) and 232(1)(d) of the Constitution.

Justification: To include the expression "Article I'"of the Constitution on sovereignty of the people which anchors the principle of public participation. Also, to include the expression "Article I74(c)" which provides for public participation as one of the objects of devolution.

CLAUSE5

THAT the Bill be amended by deleting Clause 5 and substituting therefor the following new Clause--

5. The principles that guide a responsible authority in undertaking public participation shall include- 2. (a) all sovereign power belongs to the people and shall be exercised only in accordance withtheConstitution; 3. (b) right of the public to be involved in the making and implementing of public policy decisions;

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Report On Consideration Of The Public Participation Bill (na Bill No. 44 Of 2025)

REPUBLICOFKENYA

REPORT ON:

THECONSIDERATION OFTHEPUBLIC PARTICIPATIONBILL,2025

TABLEOFCONTENTS

TABLEOFCASES

LISTOFABBREVIATIONSANDACRONYMS

LISTOFANNEXURES

CHAIRPERSON'SFOREWORD

PREFACE

1.1 EstablishmentoftheCommittee

1.2MandateoftheCommittee

CHAPTERONE

1.3 Committee Membership

Chairperson

1.4 CommitteeSecretariat

Mr.AhmedSalimAbdalla ClerkAssistantI/HeadofSecretariat

CHAPTERTWO

2 OVERVIEW OF THEPUBLICPARTICIPATION BILL(NATIONAL

2.1 Background

2.2 Summary of Legal Provisions

CHAPTERTHREE

PUBLICPARTICIPATIONANDSTAKEHOLDERENGAGEMENTON THEBILL

3.1 Legal Framework on Public Participation

3.2Modes of PublicParticipation

3.2.lMemorandaReceivedontheBill

3.2.2Public Hearings on the Bill

3.2.3Stakeholder Engagement on the Bill

3.3ConsiderationofSubmissionsReceivedontheBill

3.3.ISubmissions inSupportoftheBill

3.3.2SubmissionsonProposed Amendments

Proposed Preamble

CommitteeObservation

ClauseI

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Clause2

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Clause3

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Clause4

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Clause5

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Clause6

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Clause7

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Clause8

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Clause9

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Clauselo

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ClauseIl

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Clause12

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Clause13

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Clause14

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ClauseI5

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Clause16

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Clause17

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Clause18

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Clause19

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Clause20

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Clause21

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3.3.3GeneralSubmissionson theBill

Committee Observation

3.3.4New Proposals

InstitutionalandEnforcementFramework

CommitteeObservation