Hasty passage of parliamentary Bills raises concerns over public participation

Parliament has come under scrutiny for allegedly undermining the rights of Kenyans by side-lining public participation in the legislative process.

A report by Mzalendo Trust reveals significant discrepancies in the timelines allocated for public input on various Bills, with concerns raised about the effectiveness of public involvement.

According to the report, in the National Assembly, public participation periods ranged from just three to 20 days, while in the Senate, they varied between three and 24 days.

Under the Constitution, Parliament is required to ensure public participation in the legislative process, but according to the report, this has not been consistently upheld.

Public participation, a vital part of law-making, has often been criticised for being disregarded, with some Bills passing despite minimal or rushed consultation with the public.

No clear framework

The 2024 Parliamentary Scorecard report, released by Mzalendo Trust, highlights that the absence of a clear framework defining meaningful public participation has contributed to the ongoing issue.

The report also notes that Kenyans have often relied on the Judiciary to nullify Bills passed by Parliament after what was deemed insufficient or "cosmetic" public participation.

"Worryingly, the Bills that have elicited high citizen interest seem to attract the lowest participation timelines," reads the report.

It cites the Digital Health Bill, which had a public participation window of just three days in the Senate, and the Social Health Insurance Bill, which had seven days for public input in the National Assembly.

The report also notes that key Bills, such as the Finance Bill, 2024 and the Affordable Housing Bill, 2024, were quickly taken through the legislative process, often without adequately considering the needs of the public.

These fast-tracked Bills have raised concerns about the prioritisation of speed over public consultation.

Between August 2023 and November 2024, the report shows that one Private Member's Bill in the National Assembly and two in the Senate received presidential assent, while 20 government-sponsored Bills in the National Assembly and two in the Senate were signed into law.

The lack of adequate public involvement in these legislative actions has drawn criticism from various quarters, with calls for a more transparent and inclusive process moving forward.