What is in the Public Participation Bill?

Public Participation Bill

The Bill sets out to provide a general framework so as to ensure effective public participation and to give effect to constitutional provisions regarding public participation. Specifically, Article 10(2), 35, 69(1) (d), 118, 174 (c) and 232 (1) (d).

It provides that responsible authorities shall develop relevant guidelines for public participation. For example, for Parliament the task would be on the relevant committee. In the Judiciary, the duty falls on the Chief Justice while Cabinet Secretaries would develop guidelines for Government ministries.

The guidelines to be created by the responsible authorities should contain specific requirements and how those requirements can be satisfied. There is also a requirement that these guidelines have to be published in the Kenya Gazette.

Moreover, there is a duty on the responsible authority to prepare an annual report at the end of each financial year. The report will be tabled before the National Assembly/the Senate or the County Assembly depending on the institution. The annual report shall contain

1. a description of the activities and outcomes of public participation;
2. a description of any complaints made against the institution in respect of public participation,
3. the action taken and the period within which the complaint was addressed; and
4. any other information that the responsible authority may consider relevant.

The Bill is welcome as it facilitates public participation in all sectors ensuring that the people are involved in the decision-making process and ensures that the government is kept on its toes by being accountable to the people.

This article was written by
Sylvia Katua of Mzalendo Trust .
It was published on July 20, 2018.