By Nyang’au Araka
The National Assembly’s Justice and Legal Affairs Committee (JLAC) is traversing the country to gather views on the Public Participation Bill, 2025.
On Tuesday, the committee held hearings in Nyamira, hosted by West Mugirango MP Stephen Mogaka, alongside his parliamentary colleagues Otiende Amollo and Harold Kimuge.
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The Bill seeks to give life to the constitutional principle of citizen participation in governance by establishing a clear framework for how public input should be sought and processed.
At its core, the Bill defines public participation as involving citizens in making or implementing public policy decisions, including legislation.
Key principles outlined in the Bill emphasise inclusivity, transparency, and proportionality.
As Clause 5 states, “the public shall be afforded a reasonable chance to express their views” and the depth of engagement must match the significance of the matter under consideration.
The Bill designates responsible authorities across institutions—ranging from Parliament and the Judiciary to county governments—tasked with ensuring that participation is meaningful and accessible.
For instance, clerks of assemblies, principal secretaries, governors, and CEOs of state corporations will be directly accountable for facilitating public input.
The Bill sets out guiding principles to ensure inclusivity, transparency, and proportionality.
Public participation may take the form of written submissions, oral hearings, online forums, or public meetings.
Authorities must provide adequate notice, reasonable timeframes, and access to relevant documents.
Importantly, submissions must be analysed, and outcomes published, ensuring that citizen voices are not only heard but visibly reflected in decision-making.
One of the gaps the Bill addresses is the lack of uniformity in how public participation has been conducted.
Previously, processes varied widely across institutions, often leaving citizens excluded or uninformed.
By requiring specific guidelines—published in the Gazette or incorporated into Standing Orders—the Bill aims to standardise practices and reduce duplication, particularly in Parliament where committees of both Houses may rely on shared reports.
The Bill also safeguards sensitive information, aligning with the Access to Information Act and Data Protection Act, while introducing penalties for authorities who wilfully disregard participation principles.
Convictions could attract fines of up to KSh 500,000, underscoring the seriousness of compliance.
The Bill, according to Mogaka, promises to transform citizen engagement from a constitutional ideal into a structured, enforceable practice.
“If enacted, it will bridge the gap between government and the governed, ensuring that policy-making reflects the voices of Kenyans across all levels,” Mogaka said.
