Explainer: What the Public Participation Bill, 2025 means for Kenyans
By Aloys Michael, March 3, 2026At a time when courts are repeatedly nullifying laws for lack of proper public input, Parliament is considering the Public Participation Bill, 2025, a proposal that could reshape how citizens engage with government decisions.
The bill is sponsored by Ainabkoi Member of Parliament (MP), Samuel Chepkonga and co-sponsored by his counterpart, Rarieda MP Otiende Amollo.
From the Finance Bill debates that sparked nationwide protests in 2024 to court battles over housing levies and county budgets, public participation has become more than a constitutional phrase.
It is now a political flashpoint. The new Bill seeks to standardise how public participation is conducted across ministries, Parliament and county governments.
According to the Memorandum of Objects and Reasons, “the principal object of the Bill is to provide a framework for effective public participation.”
It aims to give effect to constitutional provisions that require the participation of the people in governance.
Clear rules for public engagement
The Bill lays out general guidelines that every responsible authority must follow.
Before conducting any public participation exercise, an authority must consider factors such as the nature of the matter under consideration, the urgency of the matter, the impact of the matter on the public, and the need for inclusive and effective representation.
It must also think about the number of persons likely to be affected, and whether the public can access both information and the forum itself.
In recent years, critics have complained that public forums are sometimes rushed, poorly advertised or held in inaccessible venues. The Bill appears to respond directly to such concerns.
The draft requires that the public be notified in advance, with details of the venue, date, time and mode of the exercise.
Allowing notices to be shared through television, radio, internet platforms, public meetings, notice boards and print media. The notice must clearly state the subject matter, the duration of the exercise, and whether submissions can be made orally, in writing, or both.
Importantly, it provides that a responsible authority shall allow a reasonable time for submissions, a key issue in past disputes where Kenyans have argued they were given too little time to respond to complex bills.
Beyond ticking boxes
The bill goes beyond procedure to demand real substance in public participation. Authorities are required to analyse and consider submissions from the public and to publish the outcome of the participation process, directly addressing long-standing concerns that engagement is often treated as a formality, with little clarity on how public views shape final decisions.
It also strengthens accessibility by requiring that engagement be conducted in languages participants understand and that relevant documents be made available.
In a linguistically and geographically diverse country like Kenya, this could significantly broaden inclusion, particularly in marginalised counties where language barriers and limited internet access have historically restricted meaningful participation.
Additionally, the Bill sets clear expectations for conduct: participants must remain respectful and civil, while authorities are responsible for maintaining order. In light of increasingly tense and sometimes chaotic public hearings, this reflects the evolving and highly charged nature of civic engagement.
Parliament and counties in focus
Citing Article 118(1) of the Constitution, it affirms that Parliament must openly conduct its business, and facilitate public participation and involvement in the legislative and other business.
The Bill allows committees of the National Assembly and Senate to rely on each other’s public participation reports to avoid duplication, or to hold joint exercises. This could streamline the legislative process, particularly for government-sponsored Bills.
Counties are also directly affected. The Memorandum states that the bill concerns county governments, recognising that public participation is mandatory at all levels of government.
It clarifies that sensitive information protected under the Access to Information Act, the Kenya Defence Forces Act and other laws cannot be disclosed. It also requires compliance with the Data Protection Act when handling personal data.