Public officials will escape a proposed financial punishment for failing to involve citizens in decision-making after MPs removed a clause that would have exposed them to fines of up to Sh500,000.
The change has altered the enforcement provisions of the Public Participation Bill, 2025, which seeks to set clear rules on how government agencies and other responsible authorities should engage the public before making decisions that affect them.
The Bill, sponsored by Rarieda MP Otiende Amollo and Ainabkoi MP Samuel Chepkonga, initially provided for criminal liability against a responsible authority that wilfully ignored the principles and guidelines governing public participation.
Under the original proposal, an official found guilty would have faced a fine not exceeding Sh500,000.
That provision has now been struck out following an amendment at the committee stage.
Rarieda MP Otiende Amollo. PHOTO/PCS
The Justice and Legal Affairs Committee, chaired by Tharaka MP Gitonga Murugara, recommended the removal of Clause 20, which carried the offence and punishment.
Leader of Majority Kimani Ichung’wah also proposed a number of changes, including adjustments to the meaning of responsible authorities and the guidelines that will govern public participation.
With Clause 20 deleted, officials will not face the specific criminal sanction that had been proposed for failing to meet public participation requirements.
MPs have, however, introduced another measure that could give the public greater power to challenge a process that does not comply with the law.
The committee proposed Clause 20A, which gives the High Court authority to invalidate a public participation exercise where there has been a wilful breach of the proposed Act.
It states: “The High Court may void a public participation exercise conducted in willful violation of the provisions of this Act.”
The provision could allow citizens and other interested parties to take legal action against participation exercises they believe were carried out contrary to the requirements of the law.
The removal of the fine comes after a series of public hearings in which citizens and civil society organisations called for stronger consequences for public officials who fail to take public participation seriously.
Some of the groups that presented their views had sought even tougher sanctions than the Sh500,000 contained in the original Bill, saying officials should not be able to disregard citizens without facing consequences.
Despite dropping the fine, MPs have retained several provisions aimed at making public participation a more structured process.
The proposed law will require responsible authorities to notify the public within a reasonable period before holding a participation exercise.
Rather than setting one fixed notice period, the Bill leaves it to authorities to determine what would amount to reasonable notice depending on the circumstances.
Authorities will also be expected to prepare a report as soon as practicable after completing the exercise.
This means the process will have to be documented after members of the public have given their views, rather than ending once the consultation forum is over.
The proposed rules further require citizens to receive documents relating to the issue under discussion before the public participation exercise takes place.
Where necessary, simplified versions of the documents will also have to be made available to help members of the public understand the matter before giving their views.
The amendments also contain safeguards on freedom of expression during public participation forums.
Responsible authorities will be required to facilitate freedom of expression for everyone taking part while ensuring that order is maintained during the proceedings.
The proposed framework therefore retains several obligations for government agencies and other authorities, even though the direct fine against officials has been removed.