The Meteorology Bill, 2023

Background

Currently, meteorological services in Kenya operate without a dedicated and unified legislative framework. The Meteorology Bill, 2023 seeks to fill this gap by establishing the Kenya Meteorological Service Authority to coordinate, monitor, and regulate meteorological services, thereby ensuring safety, efficiency, and compliance with global aviation and maritime standards.

Key Amendments

• Creation of the Kenya Meteorological Service Authority (Clause 5): Establishes a body corporate with the power to sue and be sued, hold property, and enter into contracts. The Authority will be the national custodian of weather data and the principal advisor to both levels of government on meteorological matters.
• Board of Directors (Clause 9): Comprises a Chairperson appointed by the President, the Principal Secretaries for Meteorology, Finance, and Transport, the Attorney-General, a Council of County Governors nominee, and two independent experts with specialized experience.
• Meteorology Training and Research Directorate (Clause 29): Formally succeeds the former Institute for Meteorological Training and Research (IMTR), taking over its role as a regional and national training hub.

New Obligations

• Registration and Regulation (Clause 40): Weather observers and private weather service providers must register and comply with regulatory protocols as prescribed by the Cabinet Secretary.
• Intellectual Property Compliance (Clause 37): Users of the Authority's publications and data must acknowledge the Authority as the source and cannot distribute data obtained as private goods to third parties without the written consent of the Director-General.
• Instrument Calibration (Clause 45): All meteorological instruments must undergo examination, approval, and calibration, resulting in a joint certificate from the Authority and the Kenya Bureau of Standards.
• Observation Station Agreements (Clause 35): If an observation station is erected on private land, the Authority must enter into an agreement with the landowner detailing maintenance and required clearance distances.

Penalties

• Unauthorized Data Sharing & IP Infringement (Clause 37): Contravening the intellectual property and data distribution provisions carries a fine of up to KSh 5 million, imprisonment for up to two years, or both.
• General Offenses (Clause 41): Obstructing officers, false representation, damaging equipment, or sharing unauthorized data from unregistered stations carries a fine of up to KSh 1 million, imprisonment for up to 12 months, or both.
• Unauthorized Approval of Land Occupation in Protected Areas (Clause 43): Approving private use of protected areas reserved for meteorological observations is penalized by a fine of up to KSh 5 million, imprisonment for up to 24 months, or both.
• Unauthorized Station Relocation (Clause 44): Moving a station or its equipment without approval carries a fine of up to KSh 2 million, imprisonment for up to 12 months, or both.
• Using Uncalibrated Instruments (Clause 45): Operating meteorological equipment without a valid calibration certificate carries a fine of up to KSh 500,000, imprisonment for up to 12 months, or both.

Transitional Provisions

• Assets and Contracts (Clause 49): All funds, assets, liabilities, and ongoing contracts of the former Kenya Meteorological Department automatically transfer to the new Authority.
• Staff Transition (Clause 50): Existing technical and non-technical staff of the Kenya Meteorological Department will be transitioned or seconded to the Authority on terms determined by the Board and the Salaries and Remuneration Commission.
• IMTR Succession (Clause 51): All assets, liabilities, and personnel of the former Institute for Meteorological Training and Research transfer directly to the newly established Meteorology Training and Research Directorate.