Explainer: New bill seeks to regulate public participation for new laws

A new bill before the National Assembly seeks to create a binding, standardised framework for public participation across all levels of government.

The proposed law aims to make citizen engagement in policy formulation and law-making more structured, consistent, and constitutionally aligned.

Titled The Public Participation Bill, 2025, the legislation is sponsored by MPs Otiende Amollo and Samuel Chepkonga and was published on October 1, 2025. Its main goal is to “enhance, promote and facilitate” citizen involvement in governance, in keeping with constitutional provisions that require public participation.

If enacted, the law will apply to all authorities responsible for carrying out public participation, covering any exercise related to policy formulation, legislation, or matters that require public input under existing laws.

Accountability: Who Is Responsible?

One of the Bill’s defining features is its clear assignment of responsibility. It specifies exactly who must ensure public participation takes place within each arm or level of government.

These "responsible authorities" include:

• Parliament: The Clerk of the relevant House (National Assembly or Senate).

• The Judiciary: The Chief Registrar of the Judiciary.

• State Departments: The relevant Principal Secretary.

• County Assemblies: The Clerk of the county assembly.

• County Executives: The county Governor.

• Constitutional Commissions & Independent Offices: The Secretary or Chief Executive Officer.

• State Corporations: The Chief Executive Officer.

The list also extends to the Attorney-General, the Director of Public Prosecutions, and any other person or institution involved in making or implementing public policy decisions.

Guiding Principles for Public Engagement

The Bill sets out key principles to guide every public participation process. Chief among them is proportionality, meaning the scope, depth, and duration of engagement must match the complexity and significance of the matter under consideration.

Other guiding principles include flexibility, allowing participation through diverse methods such as written submissions, oral hearings, or online forums.

This is to ensure the public is given a reasonable chance to express their views, and prudence, requiring responsible and transparent use of public resources during the process.

How the Public Will Be Involved

Part III of the Bill details how participation exercises should be conducted, from notification to feedback.

Public notice

Authorities must issue clear notices before initiating any participation process. Each notice should specify the subject matter, the duration of the exercise, and whether submissions can be made orally, in writing, or both. 

Notifications can be disseminated through television, radio, the internet, official websites, social media, public meetings, notice boards, or print media.

Making submissions

Citizens will be able to share their views through various means such as writing, orally, online, or at public hearings, workshops, or conferences.

Accessibility and language

To promote inclusivity, authorities are required to make relevant documents publicly available. 

Where participants are not conversant in English or Kiswahili, the engagement must be conducted in a language they understand.

Feedback

To address long-standing concerns that public input is often ignored, the Bill mandates that authorities must analyse and consider all submissions, then publish the outcomes of the participation exercise. 

This ensures transparency and creates a feedback loop between the public and decision-makers.

Special Provisions and Penalties

Parliamentary process

The Bill provides specific rules for Parliament to prevent duplication. For instance, if a committee in one House has already conducted public participation on a Bill, the other House may rely on the existing report or seek additional input only on new amendments. 

The two Houses may also hold joint public hearings.

Penalties for non-compliance

Any authority that deliberately fails to follow the law’s principles or procedures commits an offence and, upon conviction, may face a fine of up to five hundred thousand shillings.

Confidentiality and data protection

The Bill reinforces compliance with other national laws such as the Access to Information Act, the Kenya Defence Forces Act, and the Data Protection Act.

It bars the disclosure of protected or classified information and ensures that any personal data collected during participation is handled lawfully.

The Public Participation Bill, 2025, applies to both national and county governments and is now before the National Assembly for debate. 

If passed, it would create Kenya’s first comprehensive legal framework to ensure that public participation becomes a practical, enforceable, and transparent part of governance.