The Meteorology Bill, 2023

Background

The Meteorology Bill, 2023 seeks to establish a comprehensive legislative framework to regulate meteorological services in Kenya. It formally transitions the functions of the Kenya Meteorological Department into a newly established state corporation, the Kenya Meteorological Service Authority (KMSA), to ensure alignment with international standards set by the World Meteorological Organization (WMO) and the International Civil Aviation Organization (ICAO).

Key Amendments

• Establishment of KMSA (Section 5): Replaces the Kenya Meteorological Department with a body corporate responsible for the provision, regulation, and control of meteorological services in Kenya.
• Meteorology Training and Research Directorate (Section 29): Establishes a successor to the Institute for Meteorological Training and Research as a designated WMO Regional Training Centre.

New Obligations

• Data Usage for Development (Section 46): Any person conducting a feasibility study for the construction of a development project must use meteorological data issued by the Authority.
• Consent for Data Sharing (Section 37): Recipients of private good services from the Authority are prohibited from distributing the data to third parties without the written consent of the Director-General.
• Mandatory Attribution (Section 37(3)): Anyone publishing or broadcasting the Authority's information must explicitly acknowledge the Authority as the source.

Penalties

• Protected Area Infringements (Section 43): Approving the occupation of land within protected meteorological observation or forecasting areas carries a fine of up to KSh 5 million, up to 24 months in prison, or both.
• Intellectual Property Violations (Section 37(4)): Violating data distribution rules carries a fine of up to KSh 5 million, up to 2 years in prison, or both.
• Unauthorized Equipment Relocation (Section 44): Relocating meteorological stations or instruments without approval carries a fine of up to KSh 2 million, up to 12 months in prison, or both.
• General Offences (Section 41): Obstruction of authorized officers, false representation, or distributing unauthorized weather data carries a fine of up to KSh 1 million, up to 12 months in prison, or both.
• Uncalibrated Equipment (Section 45): Operating instruments without a valid calibration certificate from the Authority and the Kenya Bureau of Standards carries a fine of up to KSh 500,000, up to 12 months in prison, or both.

Transitional Provisions

• Asset and Liability Transfer (Section 49): All funds, assets, rights, and contracts of the former Kenya Meteorological Department automatically vest in the new Authority.
• Staff Transition (Section 50): Technical staff of the former department are transferred directly to the Authority with no break in service. Non-technical staff are seconded to the Authority for one year, during which they must elect either to enter into a new contract with the Authority or be redeployed within the civil service.