The Senate has invited members of the public to submit written memoranda on the Public Participation Bill, 2025, as lawmakers begin consideration of legislation seeking to establish a common legal framework for citizen involvement in public decision-making.
The Bill, listed as National Assembly Bill No. 44 of 2025, was read for the first time in the Senate on Tuesday, September 8, 2026, after being approved by the National Assembly in August. It has been committed to the Standing Committee on Justice, Legal Affairs and Human Rights for consideration and reporting to the Senate.
The committee has until Monday, September 28, 2026, at 5 pm to receive written submissions from members of the public.
The proposed legislation is intended to address a long-standing gap in Kenya's governance framework by providing a specific law governing how public institutions involve citizens in decisions affecting them.
The Bill's principal objective is to provide a framework for effective public participation and give effect to constitutional provisions requiring people to be involved in governance.
It draws its constitutional basis from Articles 1, 10, 35, 69, 118, 174, 184, 196, 201 and 232, covering issues including sovereignty of the people, access to information, environmental matters, Parliament's legislative work, county governance, public finance and participation in public-service decision-making.
The proposed law would establish general principles for public participation and designate responsible authorities to develop specific guidelines for individual public institutions.
It also sets out practical requirements for conducting consultations, including how the public should be notified, the methods through which submissions can be made, the amount of time given to citizens, access to relevant documents and the processing of responses.
The Bill specifically provides for considerations when undertaking public participation, notices to the public, access to participation processes and documents, submissions and the conduct of public forums.
The push for a dedicated framework comes against a constitutional system in which public participation is already required across several levels of government.
Article 118(1)(b) requires Parliament to facilitate public participation and involvement in its legislative and other business and that of its committees. Similar obligations apply to county assemblies under Article 196.
Parliament's own records have previously identified challenges including inadequate public participation, weak coordination, inadequate skills and the absence of a comprehensive legal framework in some areas of civic engagement. A 2025 Senate committee report on the County Civic Education Bill noted these gaps while examining Kenya's civic education system.
The issue has also become increasingly important as Parliament handles legislation requiring extensive public consultation. In 2025, for example, a National Assembly committee conducted public participation across all 290 constituencies on proposed constitutional changes involving the National Government Constituencies Development Fund, National Government Affirmative Action Fund and Senate Oversight Fund. Parliament reported that more than 98% of submissions supported the proposal.
The Public Participation Bill therefore seeks to move public consultation from individual institutional practices towards a more standardised system.
“The Bill provides a framework for effective public participation. The Bill gives effect to the Constitutional principle of participation of the people as enshrined in Articles 1,10(2), 69(1)(d), 118, 174(c), 184(1)(c), 196, 201(a) and 232 (1)(d) of the Constitution,” the Senate said in its invitation.
The committee said the proposed law would also establish guiding principles for institutions conducting public participation and identify authorities responsible for developing specific guidelines.
“The Bill also provides guiding principles to be adhered to by institutions conducting public participation. The Bill further designates the responsible authorities for purposes of development of specific guidelines for public participation in each public institution,” the notice stated.
The Senate is now seeking written memoranda from citizens, organisations and other interested stakeholders before the committee prepares its report.
Submissions can be delivered to the Clerk of the Senate, Parliament Buildings, Nairobi, or sent electronically to [email protected], with a copy to [email protected].
The Bill and its digest are available through the Parliament website.
The committee said the public's views and recommendations will be considered when preparing its report to the Senate, making the submission period an opportunity for Kenyans to propose changes to the proposed framework before further legislative action.