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Legislators

Kenya's Public Participation Bill: A Step Towards Democratic Governance?

Strategic Insights

— 1 min read

The Kenyan National Assembly is on the cusp of debating a proposed Bill that seeks to establish a framework for public participation, a critical component of democratic governance in the country. The Bill, prepared by the Attorney-General's Office and submitted to the National Assembly, outlines the rights of citizens attending public meetings, the methods of public participation, and the criteria for selection by responsible authorities. The proposed legislation aims to address issues related to public participation, which have led to the nullification of several laws by courts due to lack of consideration for Kenyan views.

Key Takeaways:

  • The proposed Public Participation Bill, 2024, sets parameters for public participation among the three arms of government: Judiciary, Legislature, and the Executive.
  • The Bill outlines the rights of citizens attending public meetings, including accessibility for persons with disabilities and provision of translation and sign language services.
  • The authorities will be required to prepare for approval public participation plans, use media during public participation, publish public participation reports, and provide feedback mechanisms.
  • The Bill aims to promote transparency in public participation, ensuring that all information is disclosed and not hidden during the process.
  • The Attorney-General's Office has undertaken extensive public consultations and prepared a draft Bill, submitted to the National Assembly for publication.
  • The National Assembly is to consider other priority Bills, including the Virtual Asset Service Providers 2025 and the Election Offences (Amendment) Bill, 2024, upon resumption of sittings.

Statistics:

  • The Bill proposes a prison term of five years or a fine of not more than Sh2 million for Independent Electoral and Boundaries Commission officials found guilty of an electoral offence.
  • The Bill aims to regulate virtual asset service providers, establishing licensing requirements and factors for consideration by the relevant regulatory authority.
  • According to the lawmakers, the Bill seeks to address potential risks and threats associated with the misuse of virtual asset products and services.

Sources:

  • The Saturday Nation, "MPs to debate Public Participation Bill, 2024"
  • Article 118 (1) (b) of the Kenyan Constitution

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