THE PUBLIC PARTICIPATION BILL, 2023

1 Sep 2023 domainNational Assembly National Assembly Bills No. 52 of 2023 Gazette: Supplement No. 150
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Status Timeline

Proposed

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Public Review

Pending

Debate

Pending

Executive

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Final

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1

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.

2

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.

3

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.

4

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.

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