Nairobi: Kenya could soon have an office responsible for overseeing the way public participation exercises are undertaken in the country. Among proposals contained in the new Bill, being spearheaded by the Justice, Human Rights and Constitutional Affairs Department, is the establishment of an office of the Registrar of Public Participation, which shall be created by the Public Service Commission (PSC).
According to Kenya News Agency, the proposal outlines that the occupant of the office shall undergo a competitive recruitment process before being appointed by the Cabinet Secretary, under whose Ministry the office shall be domiciled. The Registrar will be responsible for implementing all functions outlined in the Act, or any other written law concerning public participation exercises in the country.
The Bill specifies that the Registrar of Public Participation shall receive and approve public participation plans of responsible authorities, maintain a register of public participation plans and reports, and de
velop and implement a public participation monitoring, evaluation, assessment, and learning framework. Additionally, the Registrar is tasked with submitting reports on the status of public participation to the Cabinet Secretary, maintaining a website of public participation reports, recommending measures to ensure compliance with the Act, and conducting capacity building for responsible authorities.
The Bill also proposes that the PSC, in liaison with the relevant Cabinet Secretary, shall be responsible for deploying staff to work in the new office in consultation with the Salaries and Remuneration Commission (SRC). Authorities planning to conduct a public participation exercise must first submit a plan to the office of the Registrar through its accounting officer. Such a plan should include a copy of the proposal, a summary of the information contained in the proposal, and proof of funds for the public participation exercise.
The Bill requires that notices of public participation exercises specify the obje
ctives of the proposal, describe how the responsible authority will provide opportunities for interested or affected persons to present views, and detail how and where the proposal may be accessed by the public. Submissions on a given proposal must be made within at least 21 days from the date of notice.
Provisions from the Access to Information Act, Kenya Defense Forces Act, and Data Protection Act relating to the protection of privacy and the limitation of the right of access to information will apply to authorities undertaking public participation under the proposed law. Responsible authorities are required to ensure proposals and summaries of information are publicly available and publicize notices in nationwide newspapers, on the responsible authority’s website, and in other electronic or print media.
The Bill mandates responsible authorities to provide mechanisms for receiving public submissions, including using media and venues accessible to persons with disabilities. Accounting officers must submit
a report of their public participation exercise to the Registrar within seven days, detailing interested or affected persons, the locations of public participation forums, and attendance records.
The report should describe the mechanisms for receiving public submissions, including communication language, submission time allocation, and how the responsible authority considered the socioeconomic circumstances, religious beliefs, ethnicity, and knowledge levels of affected persons. Once satisfied that a public participation exercise was conducted according to the proposed Act, the Registrar will issue a certificate of compliance.
For redress or complaints regarding public participation exercises, individuals can lodge their concerns in writing or orally to the Registrar or an authorized person, using English or Kiswahili. Article 118. (1) b of the Kenyan Constitution grants Parliament the authority to facilitate public participation and involvement in legislative and other business of Parliament and its commit
tees, prohibiting Parliament from excluding the public or media from sittings without justifiable reasons.