Following instances where the government has suffered setbacks in court over its failure to conduct public participation in the rollout of its policies, the office of the Attorney General Dorcas Oduor on Tuesday published the Public Participation Bill 2025 with various guidelines to guide the processes.
Under the proposal, each government authority and the Cabinet Secretary in charge of each ministry will develop specific guidelines to be followed during public participation exercises on matters concerning their ministries.
In the proposals, Kenyans, any government official, and entities who fail to adhere to the guidelines of the Act-should Parliament give it the green light-will be liable to a fine of between Ksh300,000 and Ksh500,000. "A person who, in conducting public participation, fails to adhere to the principles and obligations set out under this Act commits an offence and shall be liable upon conviction- (a) in the case of a natural person, to a fine not exceeding three hundred thousand shillings; and (b) in the case of a juristic person, to a fine not exceeding five hundred thousand shillings," reads part of the provisions.
Kenyans speaking to MPs during a public participation forum in Nyali on June 5, 2024 Photo Parliament of Kenya Further, the fines will apply to individuals who, in the discharge of their mandates, fail to publish plans and reports regarding public participation exercises undertaken in their departments.
