The National Disaster Risk Management Bill, 2023

Background

The National Disaster Risk Management Bill, 2023 seeks to establish a comprehensive legal and institutional framework to coordinate disaster risk management activities across both national and county levels of government. Prior to this bill, Kenya lacked a consolidated statutory body to handle disaster risk reduction, mitigation, preparedness, and response. The bill aligns disaster management with the devolved system of government established under the Fourth Schedule to the Constitution.

Key Provisions

The bill establishes several new governing bodies and mechanisms to oversee disaster risk management:

• Intergovernmental Council on Disaster Risk Management (Section 5): An intergovernmental body chaired by the Cabinet Secretary responsible for disaster management and co-chaired by the Chairperson of the Council of Governors. It advises the Cabinet and the Summit on disaster policy.
• National Disaster Risk Management Authority (Section 9): A body corporate with perpetual succession, overseen by a Board (Section 13) comprising Principal Secretaries from key ministries, representatives from the Kenya Red Cross Society and Kenya Private Sector Association, and a Director-General (Section 24).
• County Disaster Risk Management Committees (Section 35): Established in each county, chaired by the Governor and co-chaired by the County Commissioner, responsible for county-level disaster planning and coordination.
• County Disaster Risk Management Centres (Section 40): The operational field arms at the county level, headed by disaster experts recruited by the County Public Service Board.
• Classification and Declaration of Disasters (Sections 33-34): Establishes clear criteria for classifying disasters as either county or national. Section 34 empowers the President to declare a National State of Disaster, allowing emergency procurement, resource reallocation, and temporary evacuation orders.

New Obligations

• Electronic Database (Section 31): The Authority must maintain a database tracking disaster risk experts, vulnerable communities, emergency assets (hospitals, fire-fighting services, police stations), and international relief agencies.
• Disaster Risk Management Plans (Section 32): The Authority must regularly formulate and review national disaster risk management plans, while County Committees must prepare county-specific disaster management plans (Section 36).
• Volunteer Register (Section 44): County Centres must maintain a register of all individuals enrolled as disaster risk management volunteers.

Penalties

The Bill establishes stiff statutory penalties under Part VI:

• Misappropriation of Relief Assets (Section 54): Anyone misappropriating relief money or materials commits an offense and is liable to a fine not exceeding KSh 10 million, imprisonment for up to 10 years, or both.
• Obstruction of Officers (Section 51): Obstructing disaster management personnel in the course of their duties carries a fine of up to KSh 2 million, imprisonment for up to 2 years, or both. If the obstruction results in loss of life, the prison term may extend to 5 years.
• False Relief Claims (Section 52): Making fraudulent claims to obtain relief assistance carries a fine of up to KSh 1 million, imprisonment up to 1 year, or both.
• False Alarms (Section 53): Circulating a false alarm or warning about a non-existent disaster carries a fine of up to KSh 1 million, imprisonment up to 1 year, or both.

Transitional Provisions

• Secondment of Staff (Section 57): Public officers currently serving in the National Disaster Operations Centre, County Disaster Risk Management Centres, and the National Disaster Risk Management Unit shall be deemed to be seconded to the new Authority for a period of up to one year.
• Transfer of Assets and Liabilities (Section 58): All property and liabilities previously vested in the government for the use of the National Disaster Operations Centre and the National Disaster Risk Management Unit are transferred to and vested in the new Authority.