KICTANet joined the Office of the Attorney General and Department of Justice in spearheading the development of the Public Participation Bill, 2025, a legislative proposal aimed at institutionalising citizen engagement in governance. The Bill is a direct response to Article 10 of Kenya’s Constitution, which enshrines public participation as a national value and principle of governance.
“Kenya’s civic-tech landscape is vibrant and evolving, with youth at the forefront of digital democracy,” said David Indeje, Communications Officer at KICTANet. “Through strategic partnerships and inclusive design, the country is laying the groundwork for a more participatory and transparent governance model.”
Thematic Forum: State and Media in Public Participation
KICTANet’s contribution was anchored in the State and Media Thematic Forum held on Thursday, 7th August 2025. The forum convened media stakeholders and representatives from government ministries, departments, and agencies (MDAs) to deliberate on the institutional, administrative, technological, and communication dimensions of public participation.
Discussions focused on the role of the state and media, and the use of ICT in fostering transparency, accountability, and citizen engagement. Participants explored how digital tools can support the implementation and operationalization of the proposed legislative framework.
Highlights from the Public Participation Bill, 2025
The Office of the Attorney General and State Department for Justice, Human Rights and Constitutional Affairs presented key features of the Bill, urging the public to actively share their views during the consultation phase.
Purpose and Scope
- The Bill seeks to establish a national standard and framework for public participation, addressing gaps such as fragmented stakeholder engagement, multiple court cases, and inadequate agitation.
- Public participation is defined as the process of involving the public in decision-making on legislation, policies, and projects by national and county governments.
Constitutional Foundations
The Bill is grounded in multiple constitutional articles, including:
| Article | Focus |
|---|---|
| 10(2) | National values and principles of governance |
| 69(1) | Environmental rights |
| 118(1) | Parliamentary consultation |
| 184(1)(c) | Urban governance |
| 196 | County assemblies |
| 201(a), 221(5) | Public finance and budgeting |
| 232(1) | Public service values |
Structure and Innovation
- The Bill contains 36 clauses across five parts, covering definitions, scope, principles, institutional arrangements, participation rights, feedback mechanisms, accessibility provisions, and sanctions.
- A key innovation is the creation of the Office of the Registrar of Public Participation and county directors to coordinate and harmonize participation efforts. Their roles include reviewing plans, maintaining registers, handling complaints, and capacity building.
Principles of Participation
The Bill outlines two categories of principles:
Process Principles
- Use of multiple engagement methods (written, physical, online)
- Reasonable opportunity for public expression
- Proportionality to impact
- Accessible information in understandable language
- Transparency and accountability
Engagement Principles
- Demonstrate how public input was considered
- Two-way feedback mechanisms
- Continuous engagement across all stages
- Sustainable decisions protecting public interest
- Inclusive representation of children, women, youth, persons with disabilities, minorities, and marginalized groups
Guidelines and Methods
- Authorities must develop institution-specific public participation guidelines, and Parliament is required to embed participation in its standing orders.
- The Bill identifies three types of participation:
- Stakeholder engagement – targeted consultations
- Broad public engagement – general consultations
- Special interest participation – focused engagement with marginalized groups
- Communication methods include radio, TV, websites, social media, SMS, mobile apps, community boards, public address systems, and gazette notices.
Participation Plans and Feedback
- A public participation plan must include:
- Objectives and expected outcomes
- Description of the proposal or regulation
- Locations and durations for each engagement phase
- The Bill emphasizes feedback mechanisms:
“We always give our opinion, but we never get feedback on what was done or whether it was considered,” noted one participant. The Bill institutionalizes ways to show how public input influenced decisions.
Oversight and Accountability
- Qualifications for the Registrar and County Directors include Kenyan citizenship, a university degree, 5–10 years of relevant experience, and adherence to constitutional integrity standards.
- The Bill outlines accountability and removal procedures for officials, applying fair administrative action provisions.
- It promotes coordinated participation between parliamentary houses to avoid duplication and enhance efficiency.
Civic-Tech, Youth Engagement, and Digital Rights
Kenya’s civic-tech ecosystem continues to evolve, with youth leveraging digital platforms to influence governance. Movements like #RejectFinanceBill2024 and #OccupyParliament have redefined civic spaces, replacing traditional barazas with virtual town halls and X Spaces featuring MPs and Cabinet Secretaries.
However, barriers persist—limited internet access, low digital literacy, and online harassment disproportionately affect marginalised groups. Repressive laws like the Computer Misuse and Cybercrimes Act (CMCA) have been used to criminalize online speech, leading to arrests and even deaths of bloggers and activists.
Internet shutdowns during protests have further eroded digital freedoms and caused economic losses.
In response, civic-tech initiatives are being tailored to address these challenges. Kenya’s 5th Open Government Partnership (OGP) Action Plan (2023–2027) exemplifies collaborative reform.
Youth-centric platforms like the Africa Tech Policy Summit Youth Day are spotlighting ethical AI, digital inclusion, and youth-led policy design. Sustaining this momentum will require investment in rural connectivity, digital literacy, and robust data protection.
The Office of the Attorney General encourages all Kenyans to actively participate in shaping the Public Participation Bill, 2025. Your views will guide the final draft and inform future regulations.
“This Bill is not just about frameworks—it’s about giving every Kenyan a voice in decisions that affect their lives,” the Office emphasized.
The process is supported by UNDP–Amkeni Wakenya and the Office of the High Commissioner for Human Rights (OHCHR), ensuring a rights-based, inclusive approach to governance reform.