The Public Participation Bill, 2025
Status Timeline
Proposed
Done ยท 14 Sep 2026
Public Review
Done
Debate
Active now
Executive
Pending
Final
Pending
Designated 'Responsible Authorities' for Public Institutions
Section 6 of the Bill assigns responsibility for public participation to specific administrative heads, including:
- The Clerk of the relevant House for Parliament
- The Chief Registrar of the Judiciary for the courts
- Principal Secretaries for State Departments
- County Governors for county executives and Clerks for county assemblies
- Chief Executive Officers for State corporations and commissions
Mandatory Multichannel Public Notification Rules
Sections 8 and 9 establish clear requirements for public notification. Responsible authorities must:
- Disclose the venue, date, time, and mode of public participation.
- Advertise through electronic media (TV, radio, internet), official websites, social media, public meetings, notice boards, or print media.
- Allow reasonable time for the public to submit memoranda or oral views.
Obligation to Process and Publish Public Feedback
Sections 12 and 13 require institutions to actively process feedback. Responsible authorities must:
- Analyze and take into account all public submissions.
- Publish the ultimate outcome of the public participation exercise.
- Implement measures to ensure participants who do not speak English or Kiswahili are able to understand and contribute to the process.
KSh 500,000 Penalty for Non-Compliance
Section 20 introduces accountability measures for public officers. Any responsible authority who wilfully fails to adhere to the principles and guidelines set out under the Act commits an offence and is liable on conviction to a fine not exceeding KSh 500,000.
Bill No.
No. 44 of 2025
Gazette No.
Supplement No. 165 of 2025
Sponsors
Otiende Amollo, Samuel Chepkonga
Background
The Public Participation Bill, 2025 is designed to give full effect to the constitutional principles of citizen involvement in governance. It references Articles 10 (2), 69 (1) (d), 118, 184 (1) (c), 196, 201 (a), and 232 (1) (d) of the Constitution of Kenya, which mandate public participation in national and county legislative, financial, and environmental decisions.
Key Amendments
- Integration into Standing Orders: Section 17 provides that specific public participation guidelines developed for Parliament and county assemblies must be formally integrated into their respective Standing Orders.
- Avoidance of Duplication in Parliament: Section 18 outlines that where one House of Parliament has conducted public participation on a Bill, the other House's committee may rely on the existing report or seek additional views specifically on any substantive amendments made.
New Obligations
- Inclusive Frameworks: Responsible authorities must ensure that the scope, depth, and duration of public participation exercises are commensurate with the complexity and potential impact of the decision under consideration (Section 5).
- Data Protection & Secrecy Standards: Section 19 obligates authorities to process all personal data collected during participation in compliance with the Data Protection Act. It also prohibits the disclosure of sensitive security and defense information protected under Section 6 of the Access to Information Act or Sections 48 and 49 of the Kenya Defence Forces Act.
Penalties
- General Penalty: Under Section 20, any designated responsible authority who wilfully fails to follow the statutory public participation guidelines commits an offence and faces a fine of up to KSh 500,000 upon conviction.
Transitional Provisions
- Ongoing Exercises: Section 21 establishes that any public participation process already in progress at the time of the Act's commencement must proceed, as far as possible, in compliance with the provisions of this Act.
Gazettement
The Bill was published in the Kenya Gazette No. 165.
First Reading
The Bill was read a First Time in the National Assembly.
Second Reading
The Bill underwent Second Reading in the National Assembly.
Committee of the Whole House
The Bill was considered clause-by-clause in the Committee of the Whole House.
Third Reading
The Bill was read a Third Time and passed by the National Assembly.
Bi-cameral Consideration
The Bill was forwarded to the Senate for consideration.