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Proposed Bill seeks to establish Office of Public Participation Registrar

The Office of the Attorney General and Department of Justice (OAG&DOG) has organised a stakeholders’ forum on the draft Public Participation Bill 2024 to seek views from representatives from state agencies and private sectors.

The draft legislation that is domiciled in the office of the Attorney General seeks to provide a legal framework for effective principles of public participation as provided in the Constitution of Kenya 2010 that promotes democracy through participation.

Attorney General (AG), Dorcas Oduor, said that fostering genuine public participation will help build a more responsive and accountable government that truly serves the public.

She said the involvement of the public on discussing the Bill was crucial as it will help in shaping the future of public participation in Kenya.

The AG made the remarks in a speech read on her behalf by the Solicitor General, Shadrack Mose at the forum held at Kenyatta International Convention Centre, Nairobi.

Oduor emphasized that by guaranteeing meaningful participation, it will promote transparency, accountability and responsiveness in government leading to better policies, improved service delivery and hence people are able to gain trust on the leaders.

“When we involve the public in policy-making, in law-making and development projects, we shape the future of our country together. This future will reflect our collective dreams for the generations behind us,” she added.

In his remarks the Solicitor General said according to the Attorney General’s Office, the framework promotes inclusivity and accountability, thereby ensuring that all stakeholders, particularly marginalized groups, are heard.

The draft Public Participation Bill 2024, under review proposes the establishment of the Office of the Registrar of Public Participation, a public service office aimed at enhancing public involvement in government processes.

Some of functions of the Office of the Registrar of Public Participation if passed will include dispute resolution, providing procedural guidance, and issuing certificates to authorities upon the successful completion of public participation processes, maintaining a website to publish public participation reports.

The proposed Bill also introduces a formal dispute resolution process for individuals who feel their participation rights were violated, it also seeks to reinforce democratic governance and increase public trust by making public engagement more efficient and meaningful in Kenya’s legislative processes.

Stakeholders from diverse organizations contributed valuable input during the proposal’s development, enriching the draft with multiple perspectives, of which the proposals will be examined by the office of the AG and present a comprehensive report to Parliament for consideration.

This initiative responds to recent court rulings that underscored the importance of public participation and highlighted the need for stronger frameworks to build public trust in government decisions.

The participants said the Draft Public Participation Bill 2024 in Kenya aims to create a standardized and comprehensive framework for involving the public in government decision-making processes.

The Bill outlines specific guidelines for authorities seeking public input, including the development of detailed participation plans, stakeholder analyses, and public notices allowing a minimum of 21 days for public response.

The stakeholders noted that the Bill which aims to promote transparency, will require authorities to ensure proposals are accessible online and through multiple media channels, with resources tailored for individuals with disabilities.

Upon the completion of public participation exercises, authorities will be required to submit reports summarizing public feedback and demonstrating its impact on policy decisions.

By Joan Ogolla

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