1563 THE PUBLIC PARTICIPATION BILL, 2023 ARRANGEMENT OF CLAUSES Clause PART I—PRELEMINARY 1 —Short title. 2—Interpretation. 3— Application. 4—Object of the Act. PART II—PUBLIC PARTICIPATION 5—Scope of public participation. 6—Conduct of public participation. 7—Rights of a member of the public in public participation. 8—Determination of responsible authority. 9—Development of specific public participation guidelines. 10—Publication of specific public participation guidelines. PART III— MISCELLANEOUS PROVISIONS 11 —Provision for resources for public participation. 12—Reports. 13—General penalty. PART IV—PROVISIONS ON DELEGATED POWERS 14—Regulations SCHEDULE—GENERAL PUBLIC PARTICIPATION GUIDELINES
1564 The Public Participation Bill, 2023 THE PUBLIC PARTICIPATION BILL, 2023 A Bill for ACT of Parliament to provide for a general framework for effective public participation; to give effect. to the constitutional principles of democracy and participation of the people under Articles 10(2), 118, 196, 201(a) and 232(1)(d) of the Constitution; and for connected purposes ENACTED by Parliament of the Republic of Kenya as follows — PART I—PRELIMINARY 1. This Act may be cited as Public Participation Act, 2023. Short title. 2. In this Act, unless the context unless the context otherwise requires— "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for justice and includes the Attorney General; "general guidelines" means the general public participation guidelines provided for in the Schedule; "public office" has the meaning assigned to it under Article 260 of the Constitution; "public participation" means the process through which the public are engaged in understanding and contributing to decision-making processes by state organs and public offices at the policy making, law making and implementation level; "responsible authority". means the authority responsible for public participation in the institutions set out under section 8; "state organ" has the meaning assigned to it under Article 260 of the Constitution; "specific guidelines" means the specific -public participation guidelines developed by a responsible authority under section 8. 3. This Act shall apply to all public offices, state organs and all persons in Kenya whenever any of them— Interpretation. Appheation.
The Public Participation Bill, 2023 (2) The guidelines developed by a responsible authority under subsection (1) 'shall include — the requirements set out in the general guidelines for public participation in the Schedule and may — (a) include specific requirements beyond what is required under the general guidelines for public participation under the Schedule; and (b) provide for the manner in which any requirements of the specific or general guidelines may be satisfied. (3). Until a responsible. authority has developed specific guidelines relevant to the respective public body under this section, the general guidelines on public participation under this Act shall apply as though they were the specific guidelines developed by the responsible authority. (4) The specific guidelines on public participation developed by a responsible authority shall not derogate from the general guidelines for public participation set out in this Act and the Schedule. (5) The Statutory Instruments Act shall apply to the guidelines developed by a responsible authority under subsection (2). (6) Parliament and each county assembly shall incorporate guidelines for undertaking public participation in their Standing Orders and ensure they are accessible to the public. (7) The provisions of subsection (5) shall not apply to Parliament and the county assemblies. 10.1) Each responsible authority shall publish the specific guidelines on public participation developed pursuant to section 9(1) in the Gazette within six months of the commencement of this Act. : (2) The provisions of subsection (1) shall not apply to Parliament and the county assemblies. PART IiI— MISCELLANEOUS PROVISIONS 11. A state organ or public office shall provide the necessary resources under this Act and shall include in its : - No.23 2013. of Publication of specific public -
1570 The Public Participation Bill, 2023 (2) For purposes of sub-paragraph (1), a state organ or public office shall establish mechanisms to enable. the widest reach which may include publication of notices in— (a) television stations; (b) information communication technology centres; (c) websites; (d) community radio stations; (e) public meetings; (f), newspapers; or (g) any other media that may be prescribed. (3) A public participation programme under subparagraph (1) shall clearly identify — (a) specific purposes for consultation; (b) the community, profession or groups to be consulted; (c) the length of the consultations; (d) whether submissions should be made orally, in writing or both; and (e) the issues or matter for consultation. 3. (1) A state organ or public office shall ensure that the public and entities have fair and equal access to the public participation process and the opportunity to give views on the intended decision. (2) A state organ or public office shall take all necessary measures to ensure the participation of persons with disabilities in the public participation processes. (3) Where the targeted participants are not conversant in the national languages, the state organ or public office shall provide an interpreter for those participants who wish to make their remarks in their local language. 4. A state organ or public office shall give the public adequate notice to make their input on the issue. 5. (1) A state organ or public office shall — (a) publish and distribute the documents for consideration as widely as possible using the available means, including providing hard copies, Access to public participation processes. Adequate time. Access to information for public participation.
The Public Participation Bill, 2023 radio and television advertisements, websites or community radio announcements; and (b) ensure that the documents are published and distributed in a language and form that can be used by the public. (2)-A person may request for information relating to an issue under consideration. (3) A request for information under sub-paragraph (2)= (a) shall be addressed to the head of the state organ or public office or such other person as the state organ or public office may designate for that purpose; (b) may, where the authority incurs expense in providing the information, be subject to payment of a reasonable fee; and (c) may be subject to confidentiality requirements of the state organ or public office. (4) Subject to the provisions of Article 35 of the Constitution and the Access to Information Act and the Data Protection Act , a state organ or public office may decline to give information to an applicant where— (a) the request is unreasonable in the circumstances; or (b) the applicant fails to satisfy any confidentiality requirements imposed by the state organ or public office. (5) The right of access to information under Article 35 of the Constitution shall be limited to the nature and extent specified under this section. 6. A state organ or public body shall ensure — (a) that all responses are considered and analysed ; (b) the final decision is made available to the public, including the reasons for the decisions taken; and (c) the disclosure of all relevant information for the public to understand and evaluate the decision made. No.31 of 2016. No.24 2019: of Processing of responses.
The Public Participation Bill, 2023 MEMORANDUM OF OBJECTS AND REASONS Statement of objects and reasons The principal object of the Bill is to provide a framework for effective public participation. The Constitution of Kenya 2010, ushered in a new system of governance that places the people at the centre of governance. Accordingly, all public processes ranging from policy making, legislative process and ultimate decision making, require the participation of the people of Kenya. This Bill therefore proposes to provide a mechanism to facilitate effective and coordinated public participation. The Bill accordingly gives effect to the Constitutional principles of public participation and participatory democracy enunciated in Articles 1, 10, 35, 69, 118, 174, 184, 196; 201, and 232 of the Constitution. The Bill designates the responsible authorities for purposes of developing institution specific guidelines for public participation. Public participation processes are different in all institutions and therefore, the Bill recognizes these differences and designates responsible authorities for purposes of developing the specific guidelines and offering oversight for public participation. The Bill also requires the responsible authorities to develop the specific guidelines within a stipulated timeline. It. provides for the development of the guidelines which must be in line with the general guidelines provided in the schedule to the Bill. The Bill also proposes that each responsible authority must provide for resources and budget for expenditure pertaining public participation in the annual estimates. Further, for accountability, every responsible authority is required to include in its annual report an outline of activities and outcomes of public participation. Statement on the delegation of legislative powers and limitation of fundamental rights and freedoms The Bill delegates legislative powers to the Cabinet Secretary to make regulations for the better carrying into effect of the provisions of the Bill. The Bill does not limit any of the rights and fundamental freedoms contained in the Bill of Rights in the Constitution. Statement on how the Bill concerns county governments The Bill seeks to. provide a national framework for public participation. Public participation is a Constitutional requirement at all levels of government. The Bill therefore concerns county governments in terms of Articles 110(1) (a) of the Constitution in that it contains