- Heads of public entities whose agencies do not conduct public participation when developing policies, laws and budgets risk a Sh300,000 fine or six months in jail.
- The Public Participation Bill, 2023 provides a legal framework for conducting of public participation.
Image: HANDOUT
Heads of public entities whose agencies do not conduct public participation when developing policies, laws and budgets risk a Sh300,000 fine or six months in jail.
The Public Participation Bill, 2023, provides a legal framework for conducting of public participation.
The Bill sponsored by the National Assembly Broadcasting and Library committee chairman Daniel Nanok gives effect to Articles 10 (2), 118, 196, 201 (a) and 232(1)(d) of the constitution that provides for public participation.
“The object of the Bill is to enhance, promote and facilitate public participation in governance processes,” the Bill states.
The proposed law states that all public processes ranging from policy making, legislative process and ultimate decision making require the participation of the people.
The Bill states that a state organ or public office shall provide reasonable and meaningful opportunities for public participation.
It states that a member of the public or any entity or an entity likely to be affected by a decision, shall have the right to participate in the decision-making process.
“If in any public participation forum, it becomes necessary to keep the identity of a participant confidential, the state organs or pubic office shall hold part of the proceedings in private and shall ensure that the identity of the participant is not disclosed,” the Bill states.
The Bill states that for Parliament, chairs of relevant committee shall be responsible authority for the august House to conduct public participation.
The Chief Justice shall be responsible for the Judiciary while the secretary or chief executive shall be responsible authority for an independent commission or office.
Cabinet secretaries shall be the responsible authorities for government ministries and state corporations or any other public body under their respective ministries.
For county assemblies, chairs of committees responsible for rules and procedures shall be the responsible authority while county secretary shall be responsible for county executive.
“Each responsible authority shall develop guidelines for undertaking public participation in their respective institution,” the Bill states.
The Bill states that the specific guidelines on public participation developed by a responsible authority shall not derogate from the general guidelines for public participation.
It provides that statutory instruments act shall apply to the guidelines developed by a responsible authority.
It adds that Parliament and each county assembly, shall put in place appropriate guidelines for undertaking public participation in their standing order and ensure they are accessible to the public.
“Each responsible authority shall publish specific guidelines on public participation developed pursuant to section 9(1) of the Gazette within six months of the commencement of this Act,” the Bill says.
The Bill stipulates that state organ or public office shall prepare an annual report on public participation.
“A person who contravenes a provision of this Act commits an offense and shall upon conviction, be liable to a fine no exceeding Sh300,000 or a term not exceeding six months or both,” it states.
Before conducting public participation, the Bill states that a state organ or public office shall identify the purpose of the public participation, urgency of the matter, nature of legislation or decision to be made.
It shall also consider importance of legislation or decision, impact of legislation, integrity and transparency of the process and the number of circumstances of interested parties and affected parties.
“A state organ or public office shall give the public adequate notice to make their input on the issue,” it states.