The Office of the Attorney General, and the State Law Office, have unveiled the Public Participation Draft Bill, which aims to create a comprehensive legal framework that ensures public opinions are effectively integrated into formulating government policies.
This landmark initiative underscores the government’s commitment to fostering greater inclusivity, transparency, and accountability in public engagement processes.
During a briefing held at the Kenya School of Government, Solicitor General Shadrack Mose, speaking on behalf of Attorney General Dorcas Oduor, emphasized the significance of the Bill in securing stakeholder consensus and elevating the quality of input from all sectors of society, particularly marginalized groups.
“This Bill is a step forward in ensuring that the voices of all Kenyans, especially those from marginalized communities, are heard and factored into the legislative process. By securing stakeholder consensus, we can effectively fulfill the objectives of this policy and support legislative initiatives across both the Executive and Legislature.” Solicitor General Mose.
The Public Participation Draft Bill is critical because several key pieces of legislation have faced legal challenges due to inadequate public involvement.
Many recent bills, including the Finance Act 2023, the Social Health Insurance Fund (SHIF), and the Housing Levy, were struck down by the courts for not meeting the constitutional threshold for public participation.
This Bill addresses these concerns by establishing a standardized framework for engaging the public in the legislative process.
Parliamentary Affairs Principal Secretary Aurelia Rono added that the Attorney General’s initiative will play a key role in restoring public trust in the government.
“Efficient use of resources in public participation is essential for meaningful engagement, and this Bill is an important step toward achieving that goal.” PS Rono said.
During her vetting, Attorney General Dorcas Oduor had previously pledged to tackle the issue of unconstitutional legislation stemming from insufficient public participation.
She reaffirmed her commitment to ensuring that all future legislative processes comply with the constitutional requirements outlined in the 2010 Constitution.
The Bill is now set to undergo further scrutiny and consultation, to ensure that public opinions are fully captured and represented in Kenya’s policy-making processes.
