Public participation is one of the core national values in the 2010 Constitution, whose real impact has not been fully felt. While it is a legal requirement, it has mostly been either rushed through to comply or ignored.
This is disappointing as it was meant to enable the people to play a significant role in the making of national or other decisions that directly affect them. The courts have frequently intervened to nullify poorly consulted policies and laws.
The authorities have often treated this civic engagement as a legal formality instead of genuine consultation. Forums are frequently announced with very short notice given, blocking proper public review of the issues being handled. As a result, budgets and major projects are often finalised before citizens ever step into a consultation room.
However, this is going to change as the MPs have just passed the Public Participation Bill, 2025, which is long-overdue legislation. The Bill to regulate this crucial constitutional provision is now awaiting President William Ruto’s assent after Parliament approved it.
The just-endorsed framework sets the standards and guidelines for effective and meaningful public participation. They include requirements for notification and the mode, submission, and processing of views, access to the process, and conduct in the various forums.
To ensure inclusivity, once this becomes law, the authorities will be required to prepare public participation plans for approval and also enable access by people with disabilities while providing translation and sign language services. The parliamentary committee conducted public hearings in 24 counties and received 74 memoranda from State and non-State actors.
The involvement of civil society is crucial as sovereignty remains with the people as envisioned by the supreme law of the land.
Public entities will be held accountable and can be sued if they fail to conduct effective public participation. This is an important civic responsibility to help sustain and enhance democracy. It should be made even more meaningful and useful.