An Act of Parliament to establish the National Disaster Risk Management Authority and to provide a legal framework for the co-ordination of disaster risk management activities.
| PROPOSED PROVISION FOR AMENDMENT | PROPOSED AMENDMENT | OUR COMMENTS |
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| PART I — PRELIMINARY | ||
Clause 2 Interpretation | "climate change" means a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period. | Defining this term helps in the formulation and implementation of policies that specifically address the risks associated with climate change-induced disasters. Secondly, defining this term allows the National Government to allocate resources more effectively to mitigate the impacts of climate change-related disasters. |
"disaster" means a progressive or sudden, widespread, localized, natural or human-caused occurrence which: a. causes or threatens to cause: i. death, injury or disease; ii. damage to property, infrastructure or the environment; or iii. significant disruption of the life of a community; and b. is of a magnitude that exceeds the ability of those affected by the disaster to cope with its effects using only their own resources. | Identifying disasters helps authorities to quickly identify and respond to disasters, ensuring that resources are mobilized promptly to save lives, prevent injuries and minimize damage to property, infrastructure and the environment. |
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"disaster risk" means the potential loss of life, injury, or destroyed or damaged assets which could occur to a system, society or a community in a specific period of time, determined probabilistically as a function of hazard, exposure, vulnerability and capacity. | Disaster risk enables better prediction of potential loss of life, injury or damage to assets. This helps the Government to prepare for and mitigate the impacts of disasters. |
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"disaster risk management" means a continuous and integrated multi-sectoral, multi-disciplinary process of planning and implementation of policies, strategies and measures aimed at: a. preventing or reducing the risk of disasters; b. mitigating the severity or consequences of disasters; c. emergency preparedness; d. a rapid and effective response to disasters; and e. post-disaster recovery and rehabilitation. | By focusing on preventing or reducing the risk of disasters, disaster risk management helps to minimize the occurrence and severity of disasters, saving lives and reducing damage to property and infrastructure. Secondly, recognizing emergency preparedness as a key component of disaster risk management underscores the importance of activities such as training, simulation exercises, and the development of response plans to ensure a timely and effective response to disasters. |
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"disaster risk reduction" means either a policy goal or objective, and the strategic and instrumental measures employed for: a. anticipating future disaster risk; and b. reducing existing exposure, hazard or vulnerability. | We propose the deletion of this term as it has not been used anywhere in the Bill. I agree with this comment and have also noted that the term only appears in the definition section and the Memorandum and Objects. I think there was an intention to include the term within the Bill as stipulated in the Memorandum, however the drafters of the Bill might have omitted/left out that part. |
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"early warning system" means an integrated system of hazard monitoring, forecasting and prediction, disaster risk assessment, communication and preparedness activities, systems and processes that enables individuals, communities, governments, businesses and others to take timely action to reduce disaster risks in advance of hazardous events. | Early warning systems enable individuals, communities and authorities to take timely actions to reduce disaster risks before hazardous events occur, thereby minimizing the impact of disasters on lives, property and infrastructure. |
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"emergency preparedness" means: a. a state of readiness which enables organs of the national and county governments and other institutions involved in disaster risk management, the private sector, communities and individuals to mobilize, organize and provide relief measures to deal with an impending or current disaster or the effects of a disaster; and b. the knowledge and capacities developed by governments, professional response and recovery organizations, communities and individuals to effectively anticipate, respond to and recover from the impacts of likely, imminent or current hazard events or condition improving resilience. | Emergency preparedness enables the National and County Governments to respond promptly and effectively to disasters, minimizing loss of life and property damage. Secondly, emergency preparedness helps to optimize the use of resources by ensuring that resources are available and ready for deployment when disasters occur, reducing the need for a hasty and potentially inefficient response. |
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"hazard" means a process, phenomenon or human activity that may cause loss of life, injury or other health impacts, property damage, social and economic disruption or environmental degradation. | Defining this term helps in the identification and assessment of potential threats to human life and property, allowing for better risk management and disaster preparedness. |
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"mitigation" means the lessening or minimizing of the adverse impacts of a hazardous event. | Mitigation measures minimize the adverse impacts of hazardous events, reducing the overall risk of disasters to lives, property, infrastructure and the environment. Secondly, mitigation measures are often more cost-effective than post-disaster response and recovery efforts. Investing in mitigation can save money in the long term by reducing the need for emergency response, rebuilding and recovery. |
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"preparedness" means the knowledge and capacities developed by governments, professional response and recovery organizations, communities and individuals to effectively anticipate, respond to, and recover from, the impacts of likely, imminent or current hazard events or conditions. | Preparedness measures enable governments, organizations, communities and individuals to respond promptly and effectively to disasters, minimizing loss of life and property damage. Secondly, preparedness measures help to optimize the use of resources by ensuring that resources are available and ready for deployment when disasters occur, reducing the need for a hasty and potentially inefficient response. |
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"prevention" means activities and measures to avoid existing and new disaster risks. | Prevention measures help to avoid or minimize existing and new disaster risks, reducing the likelihood and severity of disasters. |
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"recovery" means the restoring or improving of livelihoods and health, as well as economic, physical, social, cultural and environmental assets, systems and activities, of a disaster-affected community or society, aligning with the principles of sustainable development and "build back better", to avoid or reduce future disaster risk. | Recovery efforts focus on restoring or improving the livelihoods of individuals and communities affected by disasters, helping them regain economic stability and self-sufficiency. |
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"response" means actions taken directly before, during or immediately after a disaster in order to save lives, reduce health impacts, ensure public safety and meet the basic subsistence needs of the people affected. | Response efforts are aimed at saving lives by providing immediate assistance to those affected by a disaster, including search and rescue operations, medical care and emergency shelter. Secondly, response efforts aim to meet the basic subsistence needs of the people affected by a disaster, including providing food, water, shelter and essential services to ensure their survival and well-being. Thirdly, response efforts help to reduce the health impacts of disasters by providing medical care, emergency sanitation and hygiene services to prevent the spread of diseases and ensure public health and safety. |
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"risk assessment" means the methodology used to determine the nature and extent of risk by analysing potential hazards and evaluating existing conditions of vulnerability which may potentially harm exposed people, property, services, livelihoods and the environment. | Risk assessment helps in optimizing the allocation of resources for disaster risk reduction efforts by identifying high-risk areas and focusing resources where they are most needed. Secondly, risk assessment provides a basis for emergency planning and preparedness efforts, enabling the Government to develop and implement effective strategies for disaster prevention, mitigation, response and recovery. |
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"vulnerability" means the conditions determined by physical, social, economic and environmental factors or processes which increase the susceptibility of an individual, a community, assets or systems to the impacts of hazards. | Vulnerability enables the Government to develop targeted interventions to address the underlying factors that contribute to vulnerability, reducing the overall risk of disasters. Secondly, vulnerability helps in optimizing the allocation of resources for disaster risk reduction efforts by focusing on addressing vulnerabilities in high-risk areas and among vulnerable populations. |
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Clause 3 Objects | The object of this Act is to: a. provide for a legislative framework for disaster risk management; b. enhance effective and co-ordinated disaster preparedness, prevention, response, mitigation and recovery; c. reduce disaster risks and vulnerabilities at the national and county levels of government; and d. enhance resilience to the impacts of disaster risks and climate change at both the national and county levels. | Objects outline the goals or aims that the Bill seeks to achieve. By clearly stating the objects of the Bill, it helps in interpreting and understanding its provisions. To conclude, objects ensure that the Bill is effectively implemented, applied consistently, and aligned with its intended purposes. For paragraph (b), By enhancing coordination and effectiveness in disaster management, the Bill helps ensure that resources are used efficiently and that response efforts are timely and effective. Further, effective disaster preparedness, prevention, response, mitigation and recovery measures can significantly reduce the loss of lives, property, and livelihoods during disasters. For paragraph (c), by focusing on reducing disaster risks and vulnerabilities at both national and county levels, the Bill allows for targeted interventions to address specific vulnerabilities, thereby reducing the overall risk of disasters. |
Clause 4 Guiding principles | The guiding principles to disaster risk management shall be: a. a comprehensive approach to Disaster Risk Management for balancing between the reduction of risk and the enhancement of community resilience, while ensuring effective response and recovery capabilities; b. all hazards approach in managing disaster; c. enhancing local disaster risk management capability as the frontline to disaster risk management; d. respect, ethics and professional standards; e. transparency and accountability; f. commitment in service to the people; and g. supporting the national government and the county government including the local communities, in disaster risk management. | Guiding principles provide clarity about the intent and purpose of the Bill. They help Parliament to articulate the fundamental values and goals the Bill aims to achieve, ensuring consistency in its interpretation and application over time. |
PART II — ESTABLISHMENT OF THE INSTITUTIONAL FRAMEWORK ON DISASTER RISK MANAGEMENT | ||
Clause 5 Establishment of the Intergovernmental Council on Disaster Risk Management | There is established an Intergovernmental Council on Disaster Risk Management consisting of: a. the Cabinet Secretary in the Ministry for the time being responsible for Disaster Risk Management, who shall be the chairperson; b. the Chairperson of the Council of County Governors who shall be the co-chairperson; c. the Cabinet Secretary in the Ministry for the time being responsible for matters relating to internal security; d. the Cabinet Secretary in the Ministry for the time being responsible for Intergovernmental relations; e. the Cabinet Secretary in the Ministry for the time being responsible for the National Treasury; f. the Cabinet Secretary in the Ministry for the time being responsible for Health; g. the Cabinet Secretary in the Ministry for the time being responsible for Defence; h. the Cabinet Secretary in the Ministry for the time being responsible for Public Service; i. the Cabinet Secretary in the Ministry for the time being responsible for Drought Risk Management; and j. the Cabinet Secretary in the Ministry for the time being responsible for Agriculture. | We propose that the number of members of the Intergovernmental Council is increased by an odd number. The Intergovernmental Council has ten members. When there’s an even number of members who can vote, there’s a greater risk of deadlocks. This makes it difficult for the Council to make decisions, resolve conflicts or move forward with its agenda. An odd number ensures that there will always be a majority decision. |
Clause 6 Functions of the Intergovernmental Council | The functions of the Intergovernmental Council shall be to: a. advice and make recommendations to the Cabinet and the Summit: i. on matters relating to disaster risk management; and ii. on the establishment of a national framework for disaster risk management aimed at ensuring an integrated and uniform approach to disaster risk management in the Republic by all national, county, entities involved in disaster risk management, non-governmental institutions, the private sector, communities and individuals. b. provide policy direction and approve plans on all activities related to disaster risk management; c. receive, consider and make decisions based on the reports and recommendations of the Authority; d. co-ordinate and monitor intergovernmental multi-sectoral entities responsible for disaster risk management; and e. report to the Cabinet and the Summit on the co-ordination of disaster risk management among the spheres of Government. | The functions of the Intergovernmental Council have been clearly stated to ensure that it does not perform tasks that are ultra vires. |
Clause 8 Reports by the Intergovernmental Council | The Intergovernmental Council shall submit an annual report to the Cabinet, the National Assembly, the Senate and the county assemblies, within three months after the end of every financial year. The annual report referred to under subsection (1) shall contain compiled reports from the Authority, the County Committee and the Centre. The report under subsection (2) shall contain: a. the activities undertaken by the entities during the year; b. results of the initiatives undertaken by the entities for purposes of disaster prevention and mitigation; c. information on the disasters that occurred during the year in the country together with information on: I. their classification, magnitude and severity; II. the impact of the disasters; and III. problems experienced in dealing with the disasters; d. the utilization of any funds allocated for disaster management; e. the status of the preparation and any updates to the existing disaster risk management plans and strategies in the country; and f. an evaluation of the implementation of disaster risk management plans and strategies in the country. The National Assembly, the Senate and the county assemblies may, upon receiving the annual report under subsection (1), make such recommendations to the Intergovernmental Council as they may consider necessary. Despite subsection (1), the Cabinet, the National Assembly, the Senate or the county assemblies may, at any time, request information from the Intergovernmental Council on any matter. | The report provides transparency on the activities, initiatives and funds allocated for disaster risk management, ensuring accountability to the government and the public. Secondly, the report includes an evaluation of the implementation of disaster risk management plans and strategies. This provides insights into what is working well and where improvements are needed, facilitating continuous improvement in disaster risk management practices. By providing information on the classification, magnitude, severity and impact of disasters, as well as problems experienced in dealing with them, the report helps to identify areas where additional preparedness efforts are needed, enhancing the country's overall preparedness for future disasters. |
Clause 9 The National Disaster Risk Management Authority | There is established the National Disaster Risk Management Authority. The Authority shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of: a. suing and being sued; b. taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; c. borrowing and lending money; and d. doing or performing all other things or acts which may be lawfully done or performed by a body corporate for the furtherance of the provisions of this Act. | The purpose of this clause is to give the Authority legal capacity to act in its own name. |
Clause 10 Headquarters | The Headquarters of the Authority shall be in Nairobi. The Authority may establish such other offices as it considers necessary for the discharge of its functions. | Having the headquarters in Nairobi allows for centralized coordination of disaster risk management efforts at the national level, ensuring effective communication, collaboration and decision-making. Secondly, establishing additional offices as needed allows the Authority to expand its reach and capacity, ensuring that it can effectively carry out its functions across the country, including in remote and vulnerable areas. |
Clause 11 Functions of the Authority | The functions of the Authority shall be to: a. co-ordinate and implement disaster risk management; b. co-ordinate and collaborate with relevant regional and international agencies and institutions in disaster risk management; c. advise the national and county governments on disaster risk management measures; d. develop and co-ordinate implementation of national and county disaster risk management policies, strategies, plans, projects, programs and budgets; e. promote and co-ordinate research in disaster risk management; f. facilitate capacity building for disaster risk management at both the national and county levels of government; g. co-ordinate the provision of psycho-social support to persons affected by a disaster or involved in disaster risk management; h. co-ordinate and support public awareness campaigns and civic education programmes on disaster risk management; i. monitor and evaluate disaster risk management programmes and projects; j. promote linkages with key ministries, community service organizations, international organizations, county, sub-county and community-based disaster risk management entities; k. co-ordinate the preparation and maintenance of national, county and sub-county disaster risk atlases including data banks and information on potential hazards and vulnerabilities; l. undertake and co-ordinate routine hazard identification and vulnerability and risk assessments in all sectors; m. co-ordinate resource mobilization strategies; n. submit periodic reports to the Intergovernmental Council; o. ensure the implementation of international obligations related to disaster risk management; p. accredit international volunteers involved in disaster risk management; and q. perform any other functions as may be prescribed by this Act or any other written law relevant to the discharge of the functions of the Authority. | The functions of the Authority have been clearly stated to ensure that it does not perform tasks that are ultra vires. |
Clause 13 Composition of the Board | The management of the Authority shall vest in a Board which shall comprise of: a. a chairperson, who shall be appointed by the President; b. the Principal Secretary in the Ministry for the time being responsible for matters relating to disaster risk management; c. the Principal Secretary in the Ministry for the time being responsible for matters relating to drought risk management; d. the Principal Secretary in the Ministry for the time being responsible for intergovernmental relations; e. the Principal Secretary in the Ministry for the time being responsible for Finance; f. the Principal Secretary in the Ministry for the time being responsible for Health; g. the Principal Secretary in the Ministry for the time being responsible for Agriculture; h. the Principal Secretary in the Ministry for the time being responsible for Environment; i. the Solicitor General; j. a representative of the Kenya Red Cross Society; k. a representative of the Kenya Private Sector Association; l. the Chief Executive Officer of the Council of County Governors; and m. the Director-General of the Authority, who shall be an ex officio member of the Board. The members of the Board specified under subsections (1)(i), (j) and (k) may designate, in writing, a person to attend and participate in any meeting of the Board on their behalf. The chairperson and members of the Board, other than the ex-officio member, shall hold office for a period of three years, but shall be eligible for re-appointment for one further term. | For sub-clause (1) (a), we propose that the chairperson is appointed through a fair, transparent and competitive process. This has the following benefits: a. a fair, transparent and competitive appointment process ensures that candidates are evaluated based on their qualifications, skills and experience. This helps to attract and select the most suitable individual, contributing to the overall effectiveness and efficiency of the Board; and b. this proposal ensures that appointments are done in a fair and transparent manner in accordance with the values and principles set out in the Constitution. For sub-clause (1), we propose that the number of members of the Board is increased by an odd number. Excluding the Director-General who is an ex-officio member, the Board has twelve members. When there’s an even number of members who can vote, there’s a greater risk of deadlocks. This makes it difficult for the Board to make decisions, resolve conflicts or move forward with its agenda. An odd number ensures that there will always be a majority decision. The addition of sub-clause (3) is a good proposal. Term limits allow for a regular influx of new ideas and fresh perspectives. New appointments bring innovative approaches and solutions to existing challenges, promoting creativity and preventing stagnation. |
Clause 14 Qualifications of the chairperson of the Board | A person shall be qualified for appointment as a chairperson under section 13(1)(a), if that person: a. holds a bachelor's degree from a university recognized in Kenya; b. has a distinguished career in a senior management position in either the private or public sector; c. holds at least ten years' post-qualification professional experience; and d. satisfies the requirements of Chapter Six of the Constitution. A person is not qualified for appointment as a chairperson or member of the Board, if that person: a. is a member of Parliament or County Assembly; b. is a member of a governing body of a political party; c. is a member of a Commission established under the Constitution; d. is an undischarged bankrupt; e. has been removed from office for contravening the Constitution or any other law; or f. has, in the conduct of his affairs, not met any statutory obligations. | Specifying qualifications provides clear and standardized criteria for eligibility in a particular position. This clarity helps both applicants and decision makers understand the minimum requirements for the role. Secondly, the addition of sub-clause (1) (d) is a good proposal. Leadership and integrity principles ensure that persons appointed to government positions possess a strong commitment to ethical conduct. |
Clause 15 Vacation of office | The office of a member of the Board, other than an ex-officio member, shall become vacant if the member: a. is unable to perform the functions of his office by reason of mental or physical infirmity; b. is adjudged bankrupt; c. is convicted of a criminal offence for a term of imprisonment for a period exceeding six months; d. is absent from three consecutive meetings of the Board without the permission of the Board; e. resigns in writing, addressed, in the case of the chairperson to the President, and in the case of any other member, to the Cabinet Secretary; f. fails to declare his interest in any matter being considered by the Board; g. violates Chapter Six of the Constitution; or h. dies. | We propose the addition of timelines in this clause. This proposal ensures that a vacancy in the Board is filled within a prescribed period without delays. |
Clause 16 Removal from office | The chairperson or member of the Board may be removed from office for: a. inability to perform the functions of the office arising out of physical or mental incapacity; b. gross misconduct or misbehavior; c. is absent from three consecutive meetings without the permission of the Board; d. incompetence or neglect of duty; e. failure to declare his interest in any matter being considered by the Board; f. non-compliance with the requirements of Chapter Six of the Constitution; or g. any other ground that would lawfully justify removal from office under the terms and conditions of service. | The listed grounds for removal make the process transparent, ensuring that any decision to remove a member of the Board is based on valid and justifiable reasons. |
Clause 17 Functions of the Board | The Board shall be responsible for the general control of the performance and management of the undertakings and affairs of the Authority and shall include a general duty to ensure that the functions of the Authority are carried out in an efficient, transparent and ethical manner and that no particular person or body is given undue preference or subjected to any undue disadvantage. The Board shall consider and advise the Cabinet Secretary on the development and maintenance of disaster risk management policy framework and the objectives of the Authority. Without prejudice to the generality of subsections (1) and (2), the Board shall consider and advise the Cabinet Secretary on: a. legislative proposals relating to disaster risk management; b. measures for the promotion or support of any county government on disaster risk management; c. the determination and setting priorities for the general performance targets by the Authority; d. the consideration and determination of the strategic plan and budget of the Authority; e. measures to ensure that the disaster risk management measures are initiated and implemented; and f. such other matters relating to disaster risk management in Kenya. | The functions of the Board have been stated to ensure that it does not perform tasks that are ultra vires. |
Clause 19 Committees of the Board | The Board may, from time to time, establish such committees as it considers necessary for the effective carrying out of its functions under this Act. The Board may by resolution, co-opt such experts for a specified period as may be necessary to assist in the proper discharge of its functions. | Co-opting allows the Board to bring in individuals with specialized expertise, knowledge or experience that will assist it in performing its functions. This can be valuable when the existing Board members lack the required skills or expertise. |
Clause 20 Delegation by the Board | The Board may, by resolution either generally or in any particular case, delegate to any of its committees or to any member, officer, employee or agent of the Board, the exercise of any of the powers or the performance of any of the functions or duties of the Board under this Act or under any other written law. | Delegation optimizes resource allocation. It ensures that tasks are assigned to the most suitable individual, maximizing the use of available skills and expertise. |
Clause 22 Remuneration of the Board and staff of the Authority | The chairperson and members of the Board shall be paid such remuneration or allowances as the Board in consultation with the Salaries and Remuneration Commission may determine. The officers, agents and staff of the Authority shall be paid such remuneration and allowances as the Board in consultation with the Salaries and Remuneration Commission may determine. | This proposal will be in line with Article 230(4)(a) of the Constitution which gives the Salaries and Remuneration Commission power to set and review the remuneration and benefits of all public officers. |
Clause 23 Appointment of a Corporation Secretary | There shall be a Corporation Secretary who shall be appointed by the Board on such terms and conditions as the Board may determine and who shall perform such duties as the Board may, from time to time, assign. In the performance of his duties under this Act, the Corporation Secretary shall be responsible to the Director-General. | We propose that the Corporation Secretary is appointed through a fair, transparent and competitive process. This proposal ensures that appointments are done in a fair and transparent manner in accordance with the values and principles set out in the Constitution. Secondly, we propose that the qualifications for appointment as a Corporation Secretary are listed in this clause. Specifying qualifications provides clear and standardized criteria for eligibility in a particular position. This clarity helps both applicants and decision makers understand the minimum requirements for the role. Thirdly, we propose that the remuneration of the Corporation Secretary is determined by the Board in consultation with the Salaries and Remuneration Commission. This proposal will be in line with Article 230(4)(a) of the Constitution which gives the Salaries and Remuneration Commission power to set and review the remuneration and benefits of all public officers. |
Clause 24 Director-General | There shall be a Director-General of the Authority who shall be competitively recruited and appointed by the Board, and whose terms and conditions of service shall be specified in the instrument of appointment or otherwise in writing from time to time. Without prejudice to the generality of the provisions of subsection (1), the Director-General shall be appointed for a period of three years renewable once. The Director-General shall be the Chief Executive Officer of the Authority and shall be subject to the direction of the Board and shall be responsible for the: a. implementation of the decisions of the Board; b. day to day administration and management of the affairs of the Board; c. organization and management of the employees of the Board; and d. any other function that may be assigned by the Board. | The addition of sub-clause (1) is a good proposal. This proposal ensures that appointments are done in a fair and transparent manner in accordance with the values and principles set out in the Constitution. |
The addition of a fixed tenure in sub-clause (2) is a good proposal. A fixed tenure provides stability to an organization by ensuring continuity in leadership and decision-making. It prevents frequent turnover and the associated disruptions that can occur with frequent changes in personnel. Secondly, individuals with a fixed tenure are accountable for their performance during that period. This accountability can lead to increased focus and commitment to achieve the goals and objectives of the Authority. Thirdly, knowing when a position will become vacant allows the Authority to engage in effective succession planning. It provides an opportunity to identify and groom potential successors. This ensures there’s a smooth transition when the incumbent’s tenure concludes. |
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Clause 25 Qualifications of the Director-General | A person shall be qualified for appointment as the Director-General, if such person: a. is a Kenyan Citizen; b. holds a bachelor's degree in a relevant field from a university recognized in Kenya; c. has had a distinguished career in a senior management position in either the private or public sector; d. holds at least ten years' post-qualification professional experience; and e. satisfies the requirements of Chapter Six of the Constitution. A person is not qualified for appointment as the Director-General, if that person: a. is a member of Parliament or County Assembly; b. is a member of a governing body of a political party; c. is a member of a Commission established under the Constitution; d. is an undischarged bankrupt; e. has been removed from office for contravening the Constitution or any other law; or f. has, in the conduct of his affairs, not met any statutory obligations. | Specifying qualifications provides clear and standardized criteria for eligibility in a particular position. This clarity helps both applicants and decision makers understand the minimum requirements for the role. Secondly, the addition of sub-clause (1)(e) is a good proposal. Leadership and integrity principles ensure that persons appointed to government positions possess a strong commitment to ethical conduct. |
Clause 26 Removal of the Director-General | The Board may remove the Director-General from office in accordance with the terms and conditions of service for: a. inability to perform the functions of the office arising out of physical or mental incapacity; b. gross misconduct or misbehaviour; c. incompetence or neglect of duty; d. non-compliance with the requirements of Chapter Six of the Constitution; or e. any other ground that would lawfully justify removal from office under the terms and conditions of service. | The listed grounds for removal make the process transparent, ensuring that any decision to remove the Director-General is based on valid and justifiable reasons. |
Clause 27 Vacation of office of the Director General | The office of the Director-General shall become vacant if the Director-General: a. is unable to perform the functions of office by reason of mental or physical infirmity; b. is adjudged bankrupt; c. is removed from office on any of the grounds provided under section 26; d. resigns, in writing, addressed to the Board; e. fails to declare his interest in any matter being considered by the Board; f. violates any of the provisions of Chapter Six of the Constitution; or g. dies. | We propose the addition of timelines in this clause. This proposal ensures that the vacancy is filled within a prescribed period without delays. |
Clause 28 Staff of the Authority | The Board may appoint such officers, agents and staff as are necessary for the proper and efficient discharge of the functions of the Authority and upon such terms and conditions of service as the Board may determine. The Board may, on the advice of the Director General, engage on behalf of the Authority, the service of such experts in respect of any of the functions of the Authority in connection with which they are considered to have special competence. | We propose that the staff of the Authority are appointed through a fair, transparent and competitive process. This proposal ensures that appointments are done in a fair and transparent manner in accordance with the values and principles set out in the Constitution. |
Clause 29 Common Seal of the Authority | The common seal of the Authority shall be kept in the custody of the Corporation Secretary, the Director-General or such other person as the Board may direct and shall not be used except on the order of the Board. The common seal of the Authority shall, when affixed to a document and authenticated be judicially and officially noticed and unless the contrary is proved, any order or authorization by the Authority under this section shall be presumed to have been duly given. | A common seal is used to authenticate documents, indicating that they have been formally approved or endorsed by the Authority. |
Clause 30 Protection from personal liability. | No matter or thing done by a member of the Board, or any officer, employee, or agent of the Authority shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Authority render the member, officer, employee or agent personally liable to any action, claim or demand whatsoever. Any expenses incurred by any person in any suit or prosecution brought against him in any court, in respect of any act which is done or purported to be done by him under the direction of the Authority, shall, if the court holds that such act was done in bona fide, be paid out of the general funds of the Authority, unless such expenses are recovered by him in such suit or prosecution. The provision of this section shall not relieve the Authority of the liability to compensate or pay damages to any person for any injury to him, his property or any of his interests caused by the exercise of any power conferred by this Act or any other written law or by the failure, wholly or partially of any works. | This clause enhances accountability as a member, employee or agent of the Authority or Board can be held liable for actions not done in good faith. |
PART III — CLASSIFICATION OF DISASTERS, PLANS AND ELECTRONIC INFORMATION SYSTEMS | ||
Clause 31 Electronic information system | The Authority shall develop and maintain an electronic database containing: a. particulars of: i. national and county organs involved in disaster risk management; ii. non-governmental organisations involved in disaster risk management; iii. disaster risk management experts; iv. private sector organisations with specialized equipment, skills or knowledge relevant to disaster risk management; v. private sector voluntary agencies involved in disaster risk management; and vi. foreign non-governmental organisations and international organisations involved in disaster risk management; b. information concerning disasters including information on: i. phenomena, occurrences, activities and circumstances that cause or aggravate disasters; ii. risk factors underlying disasters and means to reduce such risks; iii. disaggregated data on disaster loss and damage showing the, type of disaster, type of impact and its gender, age geographical disaggregation dimensions; iv. recurring occurrences that result in loss, but which are not classified as disasters under this Act; v. prevention and mitigation of disaster; vi. early warning systems; vii. areas and communities that are vulnerable to disasters; and viii. indigenous knowledge relating to disaster risk management; c. the directory of role-players and the names and particulars of their respective contact persons; d. emergency response resources and capacity in the national and county governments and in the nongovernment sectors, including the location and size of, and other relevant information relating to: i. police stations; ii. hospitals, clinics and other health facilities; iii. emergency medical services; iv. public buildings and other facilities that may be used as emergency shelters or hospitals in the event of a disaster; v. fire-fighting services; and vi. airports, airstrips, harbours, and railway stations; e. emergency response resources and capacity in neighbouring states and relevant international relief agencies; f. emergency preparedness in the different spheres of government; g. each disaster classified by the Authority under section 33; and h. disaster risk management research and training facilities. The Authority shall ensure that the database is accessible to the public in accordance with the Access to Information Act, 2016, the Data Protection Act, 2019 and any other relevant law. Despite subsection (2), the Authority: a. shall: i. establish security safeguards to ensure that access to the information on the database does not violate the right to privacy; ii. subject to the information on the database, restrict access to the information; and b. may classify parts of the database as restricted areas and limit access to those parts to authorized persons. | Having a centralized database facilitates better coordination and collaboration among national and county organs, non-governmental organizations, private sector organizations and international agencies involved in disaster risk management. Secondly, the electronic database provides comprehensive information on disasters, risk factors, vulnerable areas, early warning systems and emergency response resources. This allows for better preparedness and more effective responses to disasters. Thirdly, the database helps in identifying areas that are vulnerable to disasters, allowing for targeted interventions and resource allocation to mitigate the disasters. |
Clause 32 Disaster risk management plans | The Authority shall: a. develop and regularly review the national disaster risk management plan and strategy for organs of state and other institutional role-players involved in disaster risk management; b. collaborate with the counties in co-ordinating the implementation of the policies, plans and strategies; c. develop guidelines for the integration of the concept and principles of disaster risk management in national and county integrated development plans, protocols, programmes and initiatives; and d. mainstream gender issues in the plans and strategies. In developing and reviewing the disaster risk management plan under subsection (1), the Authority shall collaborate with departments, agencies and institutions involved in the implementation of the development plans and the persons involved in the oversight of the implementation of the development plans. | By developing and regularly reviewing the national disaster risk management plan and strategy, the Authority ensures that there is a comprehensive and up-to-date plan in place to effectively address disasters. Secondly, collaboration with counties in coordinating the implementation of policies, plans and strategies ensures a coordinated and synchronized approach to disaster risk management at both national and county levels. Thirdly, having a coordinated national disaster risk management plan, along with integrated guidelines for development plans, ensures efficient allocation and utilization of resources, reducing duplication of efforts and maximizing the impact of interventions. |
Clause 33 Classification of disasters | Whenever a disaster occurs or threatens to occur, the Authority shall determine whether the event is a disaster under this Act, and if so, immediately: a. assess the magnitude and severity or potential magnitude and severity of the disaster; b. classify the disaster as a county disaster or national disaster in accordance with subsections (4), (5) and (6); and c. record the prescribed particulars concerning the disaster in the prescribed register. In assessing the magnitude and severity or potential magnitude and severity of a disaster, the Authority: a. shall consider the information and recommendations concerning the disaster received from a County Committee; and b. may enlist the assistance of an independent assessor to evaluate the disaster on site. The Authority may reclassify a disaster classified under subsection (1)(b) at any time after consultation with the relevant County Committee, if the magnitude and severity or potential magnitude and severity of the disaster differs from the initial assessment. A disaster is a county disaster, if: a. it affects a single county; and b. the county concerned is able to effectively manage it. A disaster is a national disaster if it affects: a. more than one county; or b. a single county which is unable to effectively manage it. Until a disaster is classified by the Authority, it shall be deemed to be a county disaster. Despite the classification of a disaster under this section, in designating primary responsibility for managing a disaster to a particular level of government, the national and county level of government may assist each other in managing a disaster. The Cabinet Secretary shall by regulations prescribe the details of classification of a disaster under this section. | The assessment of the disaster allows the Authority to develop and implement response plans quickly, ensuring that resources are allocated appropriately and response efforts are coordinated effectively. Secondly, recording the prescribed particulars concerning the disaster in a register helps in documenting the event accurately. This data can be used for future analysis, evaluation and planning, leading to improved disaster risk management strategies. |
Clause 34 Declaration of National State of Disaster | In the event of a national disaster, the President may declare a National State of Disaster by notice in the Gazette. The declaration of a National State of Disaster shall contain: a. a concise statement of the reasons for the declaration; and b. the duration of the declaration. A National State of Disaster declared under subsection (1): a. shall lapse on the date specified in the notice declaring the national state of disaster; b. may be terminated by the President at any time before the lapse of the period specified in paragraph (a); or c. may by notice in the Kenya Gazette be extended by the President, any time before the period specified under paragraph (a) lapses. During the subsistence of a declaration of a National State of Disaster, the President may make orders, or issue directives concerning: a. the release of any available resources of the national government including stores, equipment, vehicles and facilities; b. the release of personnel of a national state organ for rendering of emergency services; c. the implementation of all or any of the provisions of a national disaster management plan that are applicable in the circumstances; d. the evacuation to temporary shelters of all or part of the population from the disaster-stricken or threatened area if such action is necessary for the preservation of life; e. the regulation of traffic to, from or within the disaster-stricken or threatened area; f. the regulation of the movement of persons and goods to, from or within the disaster-stricken or threatened area; g. the authorization of or direction to any person, or any class of persons, to render essential services of a type that that person, or a person of that class, is competent to provide and the provision of reasonable compensation in respect of services so rendered; h. the regulation of the distribution, sale and availability of essential goods, services and resources; i. emergency procurement procedures; j. the imposition of such penalties as may be specified for any contravention of or failure to comply with the provisions of the orders or any directions issued or conditions prescribed by or under the orders or regulations, which may include the confiscation of goods, property or instruments by means of which or in connection with which the offence has been committed: Provided that no order or regulation shall make provision for the imposition of imprisonment for a period of exceeding six months or of a fine exceeding twenty thousand shillings; k. other steps that may be necessary to prevent an escalation of the disaster, or to alleviate, contain and minimise the effects of the disaster. When a State of National Disaster lapses or is terminated as provided for in this section, any regulation, order or directive made or issued in consequence thereof shall thereby cease to be in force: Provided that nothing in this section shall affect the validity of anything done pursuant to a declaration of a national state disaster or any regulation, order or directive made in consequence thereof, prior to the cessation of the declaration of the state of national disaster, the regulation, order or directive as the case may be; or from any right, privilege, obligation or liability acquired, accrued or incurred thereunder. | The declaration allows for a swift and coordinated response to a national disaster, enabling the government to mobilize resources and implement measures to mitigate the impact of the disaster effectively. For sub-clause (4)(a), the President can order the release of available resources including stores, equipment, vehicles and facilities, ensuring that necessary resources are quickly mobilized to address the disaster. For sub-clause (4)(c), the implementation of the national disaster management plan ensures that there is a coordinated and structured response to the disaster. For sub-clause (4)(i), emergency procurement procedures allow for the expedited acquisition of necessary goods and services to address the disaster effectively. For sub-clause (4)(j), the imposition of penalties ensure compliance with emergency measures and prevents actions that could exacerbate the disaster or hinder response efforts. |
PART IV — COUNTY DISASTER RISK MANAGEMENT COMMITTEES | ||
Clause 35 Establishment of County Disaster Risk Management Committees | There is established, in each county, a County Disaster Risk Management Committee comprising of: a. the Governor of the county, or a representative appointed in writing by the Governor who shall be the Chairperson; b. the County Commissioner, who shall be the co-chairperson; c. the County Executive Committee Member responsible for matters relating to disaster risk management, who shall be the secretary; d. the County Police Commander; e. a representative of the Kenya Red Cross Society; f. a representative of the St. John Ambulance; g. two persons, one woman and one man with proven experience in disaster risk management, appointed by the Governor; h. one person, appointed in writing by the chairperson of the most representative private sector association in the county; and i. one person nominated by a civil society organization with expertise in disaster risk management in the county. In appointing the members of the County Committee under subsection (1) (e), (f), (g) and (h), the Governor shall observe the principle of gender equity and the representation of marginalized communities, the youth and persons with disability. The members of a County Committee shall elect one of the members appointed under subsection (1) (e), (0, (g) and (h), to be the vice-chairperson of the County Committee. A member of a County Committee appointed under subsection (1) (e), (f), (g) and (h) shall serve for a term of three years, renewable once. The members of a County Committee shall serve on a part-time basis and shall be paid such allowances as may be determined by the county government, in consultation with the Salaries and Remuneration Commission. The County Committee may co-opt into its membership any person who may provide expert advice for the effective discharge of the functions of the County Committee. The County Committee shall regulate its own procedure in the conduct of its business and affairs. | For sub-clause (1), we propose that the number of members in the County Disaster Risk Management Committee is increased by an odd number. The Committee currently has ten members. When there’s an even number of members who can vote, there’s a greater risk of deadlocks. This makes it difficult for the Committee to make decisions, resolve conflicts or move forward with its agenda. An odd number ensures that there will always be a majority decision. Secondly, the addition of a fixed tenure in sub-clause (4) has the following benefits: a. a fixed tenure provides stability to an organization by ensuring continuity in leadership and decision-making. It prevents frequent turnover and the associated disruptions that can occur with frequent changes in personnel; b. individuals with a fixed tenure are accountable for their performance during that period. This accountability can lead to increased focus and commitment to achieve the goals and objectives of the Committee; and c. knowing when a position will become vacant allows the Committee to engage in effective succession planning. It provides an opportunity to identify and groom potential successors. This ensures there’s a smooth transition when the incumbents’ tenure concludes. Thirdly, the addition of the Salaries and Remuneration Commission in sub-clause (5) is a good proposal. This will be in line with Article 230(4)(a) of the Constitution which gives the Salaries and Remuneration Commission power to set and review the remuneration and benefits of all public officers. Fourthly, allowing the Committee to co-opt as stated in sub-clause (6) is a good proposal. Co-opting allows the Committee to bring in individuals with specialized expertise, knowledge or experience that will assist it in performing its functions. This can be valuable when the existing Committee members lack the required skills or expertise. |
Clause 36 Functions of a County Committee | A County Committee shall: a. advise the county government on matters relating to disaster risk management; b. serve as the central agency in the implementation of disaster risk management activities in the respective county; c. formulate the county disaster risk management plans and policy in line with the national disaster risk management plan and policy; d. promote civic education and public awareness, training and capacity building on disaster risk management in the county including in schools; e. make recommendations to the county government regarding financial matters in relation to disaster risk management; f. promote an integrated and coordinated approach to disaster risk management in the county, with special emphasis on prevention, mitigation preparedness, response and recovery by other role-players involved in disaster risk management in the county; g. collaborate with the national government, the Authority and relevant agencies on matters relating to disaster risk management; h. oversee the distribution of relief and emergency supplies; i. act as a repository of, and conduit for, information concerning: i. damage and loss arising from disasters; ii. impending disasters; and iii. disaster risk management in the county; j. act as an advisory and consultative body on issues concerning disasters and disaster risk management in the county to: i. state organs; ii. the private sector and non-governmental organisations; and iii. community based organisations, indigenous groups, communities and individuals; k. initiate and facilitate efforts to make funding available for disaster risk management in the county; l. promote research into the aspects of disaster risk management in the county; devolve disaster risk management measures and structures to sub0county and village level; m. submit periodic reports to the Authority; and n. carry out any other function as may be expedient to the better carrying out of the functions of the County Committee. The County Executive Committee Member shall, within fourteen days of the preparation of a county disaster risk management plan, submit to the clerk of the county assembly a copy of the disaster risk management plan for tabling before, and approval by the county assembly. The County Executive Committee Member shall, once the county disaster risk management plan is approved, circulate, publish and publicise the plan to the residents of the county, through such means as the County Executive Committee Member may consider appropriate. | For sub-clause (1)(b), the County Committee serves as the central agency for the implementation of disaster risk management activities in the respective county, ensuring a coordinated and efficient approach to disaster preparedness, response, and recovery. For sub-clause (1)(c), county disaster risk management plans that are in line with the national disaster risk management plan ensure that disaster risk management efforts are tailored to the specific needs and challenges of the county. For sub-clause (1)(e), making recommendations to the county government regarding financial matters in relation to disaster risk management ensure that adequate resources are allocated to disaster preparedness, response and recovery efforts. For sub-clause (1)(g), collaborating with the national government, the Authority and relevant agencies creates a cohesive and cooperative approach to disaster management. |
Clause 38 Vacation of office | The office of a member of a County Committee shall become vacant if the member: a. resigns by issuing notice in writing addressed to the County Executive; b. is absent from three consecutive meetings of the County Committee without the permission of the chairperson; c. is convicted of an offence and sentenced to imprisonment for a term exceeding six months without the option of a fine; d. is convicted of an offence that constitutes a serious violation of Chapter Six of the Constitution; e. is unable, by reason of mental or physical infirmity, to discharge his or her functions; or f. dies. | We propose the addition of timelines in this clause. This proposal ensures that a vacancy is filled within a prescribed period without delays. |
Clause 40 Establishment of a County Disaster Risk Management Centre | Each county shall establish a County Disaster Risk Management Centre which shall be headed by an expert in disaster risk management. The Head of the County Disaster Risk Management Centre shall be competitively recruited by the County Public Service Board. A person shall be qualified for appointment as the Head of a Centre, if that person: a. holds a bachelor's degree from a university recognized in Kenya; b. has a distinguished career in a management position in either the private or public sector; c. has at least five years' post-qualification professional experience; and d. satisfies the requirements of Chapter Six of the Constitution. The functions of the County Disaster Risk Management Centre shall be to: a. implement the decisions of the County Committee; b. specialize in matters concerning disaster risk management in the county; c. promote an integrated and coordinated approach to disaster risk management in the county with special emphasis on prevention and mitigation, by: i. county organs; and ii. other stakeholders involved in disaster risk management in the County; d. act as a repository of, and conduit for, information concerning disasters, impending disasters and disaster risk management in the county; e. give advice and guidance by disseminating information regarding disaster risk management; and f. act as an advisory and consultative body on matters concerning disaster risk management in the County to: i. county department and agencies; ii. the private sector and non-governmental organizations; and iii. communities and individuals; g. make recommendations to the County Committee and the County Government regarding the funding of Disaster Risk Management in the County; h. make recommendations to any relevant organ of national or county government: i. legislative or policy issues on Disaster Risk Management; ii. on the alignment of County legislation with this Act and the national Disaster Risk Management policy; or iii. in the event of a County disaster, on whether a County state of disaster should be declared in accordance with this Act; i. recommend to the County Public Service Board the recruitment of volunteers; j. recommend to the County Public Service Board, the recruitment of staff specialised in disaster risk management; k. promote disaster risk management capacity building, training and education, including in schools and in the county; l. promote research into all aspects of disaster management in the county; m. carry out drills and exercises on disaster risk management; n. undertake resource mobilization; o. provide advice and guidance by disseminating information regarding disaster risk management in the County and the communities that are vulnerable to disasters; p. submit periodic reports to the County Committee; and q. exercise any powers and perform any duties delegated and assigned under this Act. A Centre may engage in any lawful activity in the County, whether alone or together with any other organization, aimed at promoting the proper exercise of its powers or performance of its duties. | The addition of sub-clause (2) is a good proposal. This proposal ensures that appointments are done in a fair and transparent manner in accordance with the values and principles set out in the Constitution. Secondly, the addition of sub-clause (3) is a good proposal. Specifying qualifications provides clear and standardized criteria for eligibility in a particular position. This clarity helps both applicants and decision makers understand the minimum requirements for the role. For sub-clause (3)(d), leadership and integrity principles ensure that persons appointed to government positions possess a strong commitment to ethical conduct. |
Clause 41 Procedure during disaster events | When a disaster occurs or is forecasted to occur in a county, a County Committee shall determine whether the event is a disaster under this Act, and, if so, immediately: a. assess the magnitude and severity or potential magnitude and severity of the disaster; b. implement applicable contingency plans and emergency procedures; c. inform the Authority of the: i. disaster and its initial assessment of the magnitude and severity or potential magnitude and severity of the disaster; and ii. initial implementation of applicable contingency plan and emergency procedures. In informing the Authority in terms of subsection (1)(c), the County Committee may recommend the appropriate classification of the disaster. | By immediately assessing the situation and implementing contingency plans and emergency procedures, the county can respond quickly and effectively to the disaster, potentially reducing its impact. Secondly, Informing the Authority allows for better coordination between the national and county government. This ensures that resources and support can be mobilized efficiently to address the disaster. |
Clause 42 Annual report to the county assembly | A County Committee shall prepare and submit its annual report to the county assembly on: a. its activities during the financial year; b. results of its monitoring and evaluation of prevention and mitigation initiatives; c. disasters that occurred during the financial year in the county together with information on: i. their classification, magnitude, severity and impacts; and ii. challenges experienced in dealing with the disasters; and d. progress on the preparation and regular updating of disaster risk management plans and strategies in the county. A County Committee shall prepare and submit its annual report to the county assembly through the County Executive Committee responsible for disaster risk management within one month after the end of every financial year. The County Executive Committee member responsible for disaster risk management shall within one month after the end of every financial year submit the report to the County Assembly. Upon receipt of the report, the County Assembly shall, within one month, consider the report and may approve it with or without amendments. | Reporting on disasters that occurred during the financial year, including their classification, magnitude, severity and impacts, provides valuable information for analysis and planning. Understanding the challenges experienced in dealing with these disasters helps to identify areas for improvement in disaster response and management. |
Clause 43 Guidelines by the County Committee | A county executive committee member responsible for disaster risk management may, for the purposes of managing a disaster, make guidelines to provide for: a. measures for disaster prevention, mitigation, preparedness, response and recovery; b. collection and publication of data relating to disaster risk management; c. use of listed premises as shelters to manage a disaster; d. activation of a disaster response plan; e. monitoring and evaluation on matters relating to disaster risk management; f. conduct of public awareness and civic education on disaster risk management; and g. establishment of a unit and command structures of volunteers; h. the minimum requirements for qualification as a volunteer; i. the manner in which any member of a Unit of Volunteers may be deployed; j. the training of volunteers; k. the use of equipment by volunteers; l. the defraying of expenses incurred by volunteers; m. uniforms of volunteers; n. insignia to be worn by: i. different units of volunteers; ii. different components within a unit of volunteers; iii. different positions of command within a unit of volunteers; o. the transfer of a volunteer from one unit of volunteers to another unit of volunteers; p. code of conduct of volunteers; and q. any other matter that may be necessary in dealing with disaster risk management. | The guidelines cover all phases of disaster management, including prevention, mitigation, preparedness, response and recovery. This ensures a comprehensive approach to disaster risk management. Secondly, conducting public awareness and civic education on disaster risk management helps in building a resilient community that is better prepared to handle disasters. Thirdly, guidelines for uniforms, insignia and command structures ensure uniformity and standardization within volunteer units, enhancing their effectiveness and coordination. |
Clause 44 Disaster Risk Management Volunteers | A Centre may establish a unit of volunteers to participate in Disaster Risk Management in a County. Any person that meets the prescribed minimum requirements may apply to enroll as a volunteer in the unit of volunteers of a relevant County. The Centre shall maintain a register of all volunteers enrolled in a unit of volunteers. A Centre that has established a unit of volunteers shall submit the prescribed particulars of any person that has enrolled in terms of subsection (2) to the County Committee within twenty-one days of such enrolment. Upon receipt of an up-to-date register of volunteers from the Centre, the County Committee shall, within twenty-one days, submit the register to the Authority. A unit of volunteers may participate in exercises related to disaster risk management organised by one or more County Disaster Risk Management Centres, or the Authority. This section does not preclude: a. a County Disaster Centre from calling on persons who are not members of a unit of volunteers to assist the County in dealing with a disaster; or b. any number of persons from taking reasonable steps to deal with a disaster in an appropriate manner until a County takes responsibility for that disaster, and, where appropriate, to continue dealing with the disaster under the control of the County. | For sub-clause (2), we propose that the qualification requirements for a volunteer are listed in this clause. Specifying qualifications provides clear and standardized criteria for eligibility in a particular position. This clarity helps both applicants and decision makers understand the minimum requirements for the role. For sub-clause (3), having a register allows for better planning and deployment of volunteers to areas where they are most needed during a disaster. |
PART V — FINANCIAL PROVISIONS | ||
Clause 45 Funds of the Authority | The funds of the Authority shall consist of: a. such monies as may be appropriated by the National Assembly for the purposes of the Authority; b. such monies as may accrue to the Authority in the performance of its functions under this Act; and c. all monies from any other source provided for or donated or lent to the Authority. | This clause indicates the methods in which the Authority will use to raise funds for conducting its activities. |
Clause 47 Annual estimates | At least three months before the commencement of a financial year, the Board shall cause to be prepared the estimates of revenue and expenditure of the Authority for that year. The annual estimates shall make provision for all estimated expenditure of the Authority for the financial year, and, in particular, shall make provision for: a. the payment of salaries, allowances, pension gratuities and other changes in respect of the staff of the Authority; b. proper maintenance of the buildings and grounds of the Authority; and c. the maintenance, repair and replacement of the utilities, equipment and other property of the Authority. The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval. | The annual estimates determine how much money is allocated to the Authority by the National Assembly. |
Clause 48 Accounts and audit | The Board shall cause to be kept proper books and records of account of the income, expenditure and assets of the Authority. Within a period of three months from the end of each financial year, the Authority shall submit to the Auditor General the accounts of the Authority together with: a. a statement of the income and expenditure of the Authority during that year; and b. a statement of the assets and liabilities of the Authority on the last day of that year. The accounts of the Authority shall be audited and reported upon in accordance with the Public Audit Act, 2015. | This clause ensures that monies spent and raised by the Authority can be tracked and accounted for. |
PART VI — MISCELLANEOUS PROVISIONS | ||
Clause 49 Duty to protect information held by the Authority, County Committee or Centres | The members of the Board, staff or agents of the Authority shall have a duty to safeguard the information held by the Authority in accordance with the provisions of Article 31 of the Constitution and any other relevant law. The provisions of subsection (1) shall with the necessary modifications apply to the County Committee and the Centres. | By safeguarding information, the Board protects it from unauthorized access, use or disclosure, reducing the risk of data breaches and cyber attacks. |
Clause 50 Limitation of the right to access information | The Authority, County Committee or Centre shall ensure that the right of access to information guaranteed under Article 35 of the Constitution is subject to the limitations provided under Article 24 of the Constitution and to the nature and extent specified under subsections (2) and (3). An officer, member of staff, or agent of the Authority, County Committee or Centre shall not disclose information acquired in the course of his duties under the Act except, with the written consent of the Board of the Authority, County Committee or Centre, as the case may be. The Authority, County Committee or Centre shall not disclose any information that mould in the opinion of the Authority, County Committee or Centre, as the case may be, compromise the integrity of any operations during disaster risk management. | This clause seeks to align the Bill with the provisions of article 24 of the Constitution. |
Clause 51 Obstruction | A person who, without reasonable cause: a. obstructs an officer or employee of the Authority, a County Committee, County Disaster Risk Management Centre in the discharge of the person's functions under this Act; or b. refuses to comply with any direction given by or on behalf of the Authority or a County Committee under this Act, commits an offence and is liable to a fine not exceeding two million shillings or to imprisonment for a term not exceeding two years or both. In addition to the penalty provided under subsection (1), a person who commits an offence under subsection (1) and the offence results in the loss of life shall on conviction be liable to imprisonment for a term not exceeding five years. | This clause acts as a deterrence in ensuring that a person complies with the provisions of this clause. |
Clause 52 False claim | A person who knowingly makes a claim which the person knows or has reason to believe to be false, for the purpose of obtaining any relief, assistance, repair, reconstruction or other benefit from the Authority, commits an offence and is liable on conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year, or to both. | This clause acts as a deterrence in ensuring that a person complies with the provisions of this clause. |
Clause 53 False alarm | A person who makes or circulates a false alarm knowingly or warning as to a disaster or its severity or magnitude leading to panic, commits an offence and is liable on conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year, or to both. | This clause acts as a deterrence in ensuring that a person complies with the provisions of this clause. |
Clause 54 Misappropriation of relief money or material | A person who, being entrusted with any money or materials, or otherwise being in custody of money or goods meant for providing relief during a disaster: a. misappropriates the money or goods; b. appropriates the money or goods for the person's own use; or c. compels another person to misappropriate the money or goods, commits an offence and is liable on conviction to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding ten years, or to both. | This clause acts as a deterrence in ensuring that a person complies with the provisions of this clause. |
Clause 55 Offences by companies | Where an offence under this Act is committed by a company or body corporate, every person who at the time the offence was committed, was in charge of, and was responsible to the company, for the conduct of the business of the company, as well as the company, shall be deemed to have committed the offence and shall, on conviction, be liable to such penalty as prescribed in this Act for the offence. Nothing in subsection (1) shall render any such person liable to any penalty under this Act if that person proves that the offence was committed without the person's knowledge or that the person exercised due diligence to prevent the commission of the offence. Notwithstanding anything contained in subsection (1), where an offence under this Act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to have committed that offence and shall, on conviction, be liable to such penalty as prescribed in this Act for the offence. For the purposes of this section: a. "company" means a body corporate and includes a firm or other association of individuals; and b. "director", in relation to a firm, means a partner in the firm. | This clause acts as a deterrence in ensuring that a company or body corporate complies with the provisions of this Bill. |