THE PUBLIC PARTICIPATION BILL, 2023
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Custom Public Participation Rules Must Be Gazetted in 6 Months
Under Section 9 and 10 of the Bill, designated responsible authorities—such as Cabinet Secretaries, the Chief Justice, and county executives—must develop and publish institution-specific public participation guidelines in the Gazette within six months of the Act's commencement. These specific guidelines must incorporate the minimum requirements outlined in the general guidelines of the Schedule.
Compulsory Budget Allocations and Annual Reporting
To secure practical implementation, Section 11 requires state organs and public offices to dedicate financial resources for public participation within their annual budget estimates. Additionally, Section 12 mandates that these institutions prepare annual reports on public participation—including details of complaints and corrective actions taken—to be tabled in Parliament or County Assemblies within three months of the financial year's end.
Fines of Up to KSh 300,000 for Non-Compliance
Under Section 13, any person who contravenes the provisions of the Act commits an offence. Upon conviction, they are subject to a general penalty of a fine not exceeding KSh 300,000, imprisonment for a term not exceeding six months, or both.
Mandatory Measures for Disability and Language Inclusion
The Schedule sets strict standards to ensure public consultations are accessible. State organs must take active measures to facilitate the participation of persons with disabilities. Furthermore, they must provide interpreters in local languages for participants who are not conversant with the national languages.
Bill No.
National Assembly Bills No. 52 of 2023
Gazette No.
Supplement No. 150
Sponsor
Daniel Epuyo Nanok
Background
The Public Participation Bill, 2023 seeks to establish a standardized national framework for public involvement in governance processes. It directly implements the constitutional requirements of citizen involvement set out under Articles 10(2), 118, 196, 201(a), and 232(1)(d) of the Constitution of Kenya. The proposed legislation applies to all public offices, state organs, and individuals whenever they interpret the Constitution, implement written laws, or make public policy decisions.
Key Provisions
Designation of Responsible Authorities
Section 8 identifies the specific administrative heads responsible for implementing public participation guidelines within their respective public bodies:
- Parliament: The parliamentary committee responsible for rules and procedures.
- The Judiciary: The Chief Justice.
- Independent Commissions and Offices: The secretary or chief executive officer.
- Government Ministries and State Corporations: The respective Cabinet Secretaries.
- County Assemblies: The assembly committee responsible for rules and procedures.
- County Executives: The County Secretary.
Specific Guidelines and Timelines
Under Section 9, each responsible authority is required to develop custom guidelines for its institution. According to Section 10, these guidelines must be published in the Gazette within six months of the commencement of the Act, with the exception of Parliament and county assemblies, which must instead incorporate the guidelines into their Standing Orders.
New Obligations
Financial Allocations
Section 11 makes it a mandatory obligation for every state organ and public office to provide necessary resources for public participation. These institutions must explicitly include estimates for public participation expenses in their annual financial estimates.
Annual Reporting and Accountability
Section 12 requires each public entity to compile an annual report at the close of every financial year. The report must contain:
- A detailed description of public participation initiatives undertaken.
- A record of complaints raised against the institution regarding public participation and the actions taken to address them.
- Other information deemed relevant by the responsible authority.
These reports must be tabled in the National Assembly, the Senate, or the relevant County Assembly within three months of the end of the financial year.
Conduct and Operational Standards
The Schedule details specific operational duties for public offices during consultation processes, including:
- Broad Notification: Using newspapers, community radio, websites, and television to reach the widest audience.
- Access to Information: Distributing relevant documents widely in accessible languages and formats, subject to Article 35 of the Constitution, the Access to Information Act, 2016, and the Data Protection Act, 2019.
- Feedback Loop: Ensuring all public inputs are analyzed and that the final decision, alongside the reasons for that decision, is made publicly available.
Penalties
General Penalty
Section 13 defines the consequences of non-compliance. Any individual who violates the provisions of the Act commits an offence. Upon conviction, the offender is liable to:
- A fine not exceeding KSh 300,000;
- Imprisonment for a term not exceeding six months; or
- Both.
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