January 19, 2025

Government publishes proposed guidelines for public participation

Government publishes proposed guidelines for public participation

The Office of the Attorney General has published proposed guidelines for conducting public participation

The Office of the Attorney General has published proposed guidelines for conducting public participation.

As detailed in the Public Participation Bill of 2024, the OAG detailed various requirements that need to be met when public participation is conducted on bills and government regulations, among other things.

One notable proposal in the bill is the establishment of the office of the Registrar of Public Participation.

“The Registrar shall receive and approve public participation plans of responsible authorities and maintain a register of public participation plans and public participation reports,” read the proposal in part.

“The Registrar shall submit reports on the status of public participation to the Cabinet Secretary and maintain a website for public participation reports.”

Public Participation by Parliament

Parliament will be required to facilitate public participation and involvement in the legislative and other business of Parliament and its committees.

“Where a Committee of a House of Parliament has conducted public participation on a Bill, a Committee of the second House of Parliament may rely on the report tabled by the committee of the originating House,” the AG proposed.

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“The Committee of a House may seek additional views on the Bill with respect to substantive amendments made to the Bill during its consideration.”

Other proposals touched on the provision of adequate information before public participation. The Bill also proposes that no Kenyans should be blocked from airing their views regarding a proposal during the exercise.

“The Bill can be accessed through the following link: https://www.statelaw.go.ke/policies-regulations/. The memoranda may be submitted in hard copy or soft copy via email to reach the Office by 15th November 2024,” the OAG guided.

“The memoranda may be submitted electronically via email to: publicparticipation@ag.go.ke with the subject as “MEMORANDUM ON THE DRAFT PUBLIC PARTICIPATION BILL” or sent to or hand delivered to: “The Solicitor General, Office of the Attorney General and Department of Justice, Sheria House, P.O. Box 40112-00100, NAIROBI”.upon to give their views on the new proposal.”

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