The Makueni County Climate Change Act, no. 6 of 2022

n a t i o n a l c o u n c i l f o r L A W RE PORTIN G L IBRyvRY SPE C I A L I SSU E Kenya Gazette Supplement No. 14 (Makueni County Acts N o . 6) RE PU B L I C O F K EN Y A K EN YA GA Z E TTE S UPPL EM EN T MA KUENI COUNTY A CTS, 2022 NAIROBI , 22nd December , 2022 C O N T E N T A c t — P A GE 1The Makueni County Climate Change Act, 2022 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI T H E M A K U E N I C O U N T Y C L I M A T E C H A N G E A C T 2022 N o. 6 of 2022 Date of Assent: 14th December, 2022 Date of Commencement: See Section 1 A R R A N G E M E N T O F SE C T I O N S Section PA R T I — P R E L I M I N A R Y 1— Shor t t i t l e and com m encem ent . 2—Interpretation. 3—Obj ects and purposes. 4— Guiding values and principles. PA R T H — C O O R D I N A T I O N A N D O V E R SI G H T 5—Establishment of County Climate Change Steering Committee. 6—Functions of Steering Committee. 7—Composition of Steering Committee. 8—Approval of appointments by the County Assembly. 9—Term of the Steering Committee. 10—R̂emoval of M ember of the Steering Committee. 11—Secretary and Secretariat of the Steering Committee. 12—M eetings of the Steering Committee. 13—Al lowances for members of the Steering Committee. 14—Delegation of powers by the Steering Committee. 15—Establishment of the Climate Change Board. 16—Composition and Terms of Office of the Climate Change B oard . 17— Funct i ons of the B oard . 18—Meetings of the County Climate Change Fund. 19— Â l l ow ances f or m em b er s of the B oard . 20— Pow ers of t he B oard . PA R T i n — I N ST I T U T I ONA L FRA M EW ORK FOR PL A N N I N G A N D I M PL E M E N T A T I O N A. County Climate Change Planning Committee 21—Êstablishment of County Planning Committee. 2 Makneni County Cl imate ChangeN o . 6 22—Climate Change Unit . 23—Composition of the Climate change Unit . 24— Funct i on/ r ol es of the Secr etari at . 25—Functions of County Planning Committee. 26—Composition of County Planning Committee. 27—Appointment and term of Planning Committee. 28—R̂emoval of M ember of the Planning Committee. 29— Secretari at of Planning Committee. 30—M̂eetings of Planning Committee. 31—Al lowances for members of Planning Committee. B. Ward Climate Change Planning Committee 32—Establishment of Ward Planning Committees. 33—Functions of Ward Planning Committee. 34—Composition of Ward Planning Committees. 35—Of ficers of the Ward Planning Committee. 36—Qualifications for appointment to Ward Planning C om m i tt ees. 37—Terms of Ward Planning Committees. 38—Removal of Member of Ward Planning Committee. 39—M̂eetings of Ward Planning Committees. 40—Allowances for members of Ward Planning Committees. PA R T TV — M E A SU R E S A N D A C T I O N S F O R R E SPO N D I N G T O C L I M A T E C H A N G E 41—County Climate Change Action Plan. 42—Contents of County Climate Change Action Plan. 43—Approval of County Climate Change Action Plan. 44—B̂iennial review of County Climate Change Action Pl an . PA R T V - D U T I E S RE L A T I N G T O C L I M A T E C H A N G E 45—Climate change duties of public entities. 46—Climate change duties of pri vate entities. 47—Monitori ng and reporting on compliance. 48—Steeri ng Committee may require pri vate entity to report performance. 2 0 2 2 o n 3 Makueni County Climate Change 49—Annual County Climate Change Response Report. PA R T V I — PU B L I C P A R T I C I P A T I O N A N D A C C E SS T O I N F O R M A T I O N 50—V̂alues and principles to apply to planning and implementation. 51—County strategy for climate change education and publ ic awareness. 52—Public sensitization to precede formulation of climate change response plans. 53—Capacity building for effective public participation. 54— A ccess to i n f orm ati on . PA R T V I I — C O U N T Y C L I M A T E C H A N G E F U N D 55—Establishment of County Climate Change Fund. 56— Fund adm i n i st r ator . 57— Sour ces of the Fund . 58—County Climate Change Fund Regulations. PA R T V I I I — F I N A N C I A L PR O V I SI O N S 59—Funding operations of Steering and Planning Committees. 60—Annual estimates for Steering and Planning Committees. 61—Accounts and audit of Steering and Planning Committees. 62—Financial year of Steering and Planning Committees. PA R T I X — M I SC E L L A N E O U S P R O V I SI O N S 63—Protection from personal l iability. 64—Offences and penalties. 65—Regulations. N o . 62 02 2 f 4 Makneni County Climate ChangeN o . 6 2 0 2 2 T H E M A K U E N I C O U N T Y C L I M A T E C H A N G E A C T 2022 A N A CT of t he County A ssembly of M akueni to provide f o r t h e f r am evt ô r k an d m ech an i sm s f or m ob i l i zat i on an d f aci l i t at i on of the county gover nment, communi ties and other stakeholder s t o respond effect ively to cl imate change thr ough appr opr iate adaptation and mit igation measur es and actions and f or connected pur poses ENA CTED by the County assembly of M akueni as fol lows — PA R T I — P R E L I M I N A R Y Sh or t t i t l e 1. This A ct may be cited as the M akueni County Cl imate Change Act, 2022 and shall come into operation on the date of publication in the Gazette. I nterpretation 2. In this Act unless the context otherwise requires — “ adaptation” means adj ustment in natural or human systems i n response to actual or expected climatic stimuli or thei r ef fects i n order to moderate harm or exploit beneficial opportunities; “adaptive capacity” means the ability of a system to adapt to the impacts, cope witli the consequences, minimize potential damages, or take advantage of opportunities offered by climate change or cl i m ate variabil ity; “authority” means the National Environment Management Authority established by the Environmental Management and Coordination A ct, 1999 as amended by the Environmental Management and C oord i nat i on (Amendment) Act, 2015; “board” means the the Makueni county climate change fund board; “ climate change” means a change in the climate system w hi ch i s caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which i s in addition to natu ral climate change that has been observed during a considerable period of time; “climate change unit” means the climate change fund secret ari at which serves as the support structure for all the climate change 5 N o . 6Makueni County Climate Change structures/committees i .e. the steeri ng committee, the climate change fund board, county planning committee and the ward planning committee, “ constitution” means the Constitution of Kenya, 2010; 20 2 2 “ county” means Makueni County; “county assembly” means the County Assembly of Makueni County; “county government” means the Government of Makueni County; “environment” has the meaning assigned to it in section 2 of the Environmental Management and Coordination Act; “executive committee memberi ’ means the the County E x ecut i v e Committee Member for the time being in charge of climate change matters in the county; “fund” means the County Climate Change Fund established under section 50 of thi s A ct; “ fund administrator” means the Administrator of the County Climate Change Fund established under section 50 of this Act; "mitigation" means preventing, reducing or slowing dow n the of atmospheri c greenhouse gas concentrations by limiting cu r r en t future emissions and enhancing potential sinks for greenhouse gases; i n c r e a s e o r the County Climate Change Planning“planning committee” means Committee established under section 19 of this Act; “pri vate entity” means a body or person with functions of a pri vate nature, and includes bodies registered under the Public B enef i t s Organizations Act, 2013; “public entity” means a body or person with functions of a public nature; resilience” means the abil ity of a social , economic or ecol ogical system to absorb disturbances while retaining the same basi c structure and ways of functioning, the capacity for self-organization and the capacity to adapt to stress and change; “steeri ng committee” means the County Climate Change Steeri ng Committee established under section 5 of this Act; “vulnerability” means the conditions determined by physical, social, economic and environmental factors or processes, which i n crease the susceptibility of a system to the impact of hazards; and “ward planning committee Planning Committee established under section 27 of th i s A ct . the Ward Climate Changem e a n s 6 Makiieni County Climate ChangeN o . 6 Obj ects and purposes 3. (1) The obj ect of this A ct is to enhance cl imate resilience through mobil ization of resources for development, management, implementation, regulation and monitoring of adaptation and mitigation m easu res and act i ons. 2 0 2 2 (2) Without prej udice to subsection ( 1), this A ct shall be applied by the county government in all sectors of the economy t o — (a) mainstream climate change responses into development planning, decision making and implementation; (b) implement coordinated and integrated response to cl imate change and its impacts by all actors and stakeholders; (c) facil itate effective management of climate change impacts by enhancing adaptive capacity, strengthening resil ience and reducing vulnerabil ity to cl imate change; (d) promote, support and facilitate community-based and community-initiated adaptation and mitigation activities (e) enforce duties and provide incentives for the private sec t o r t o contr ibut e t o achi ev em ent of l ow carbon cl i m ate resi l i ent development; (f)facilitate public participation in climate change response through capacity development, awareness creation, consultation, representation and access to information through continuous an d progressive government partnership with requisite self -help groups. Community Based Organizations and all forms of l ocal civi l society organization; (g) establish frameworks and mechanisms for mobil ization and transparent and accountable management of financial and other resources for climate change response; (h) establish and implement mechanisms to promote and f ac i l i tat e climate change research and development, innovations, technology development, training and capacity building; (i)integrate climate change into the exercise of power and fu nct i ons of all levels of the county government, including in decentral i zed units and enhance cooperative climate change governance between the county, neighboring counties and the national government; and (j)contribute to national ef forts to address the adverse impacts of climate change; 7 Makneni County Climate Change to map, survey, beacon and protect all rivers, streams, wetlands and forests within Makueni County . Guiding values and pr inciples 4. The application and interpretation of this Act and the making or implementation by the county government of any policy on c l i m at e change shall be guided by the following values and principles — (a) community driven and bottom-up planning of response t o climate change; (b) commitment to informed participation of communities i n planning and implementation of cl imate change response interventions; (c) recognition, respect and integration of knowledge, perspectives and experiences of communities in climate change response; (d) planning and implementation of climate change response to be anchored in and supportive of devolution; (e) Knowledge exchange learning approach to addressing challenges of climate change; (f)investments focused on achieving equitable benefits; (g) inclusion of all maj or actors in planning and implementation of climate change response; (h) protection of the climate system for the benefit of present and future generations; (i)ensuring a j ust transition for all towards an environmentally sustainable economy and society in the light of county circumstances and developmental goals; (j )national values and principles of governance spelt out i n ar t i cl e 10 of the Constitution; (k) values and principles of public service spelt out i n ar t i cl e 232 of the constitution; (l)promotion and protection of the right to a clean and healthy environment in accordance with article 42 of the constitution; 20 2 2 N o . 6 (k) and (m) commitment to fulfilment of the state obligations in respect of the environment as stipulated under article 69 of the const i tut i on . 8 Makueni County Climate Change exercise integrity, transparency and accountabil ity i n discharging duties and responsibi lities pertaining to c l i m at e change response . P A R T I I Establi shment of County Climate Change Steer ing Committee 5. (1) There is establi shed the County Climate Change Steering C om m i t tee. N o . 6 2 02 2 (n) C O O R D I N A T I O N A N D O V E R SI G H T (2) The steering committee shall provide a forum comprised of the key stakeholders on climate change in the County which shal l i nclude — (a) financing partners; (b) agents of the two levels of government; and representatives of the Ward Climate Change Planning(c) C om m i ttees. Functions of Steer ing Committee 6. The Steering Committee shall coordinate and oversee cl i m ate change response in the county, and in this connection shal l— (a) ensure mainstreaming of climate change into county planning and development processes; (b) coordinate formulation, review, approval and monitor implementation of the County Climate Change Action Plan, County Climate Finance Framework and any other county climate change policies, plans and strategies; (c) review, approve and monitor implementation of Regulations f or administration and management of the Fund; (d) review and make recommendations on the annual report o n implementation of the County Climate Change Action Pl an and any other reports on climate change response interventions i n the county; (e) advise the county government on legislative, policy and other measures necessary for climate change response and attainm ent of low carbon climate resilient development; (f)approve and oversee the implementation of a comprehensive programme on cl imate change education, awareness creation and capacity building in the county; 9 Makneni County Cl imate Change (g) provide policy direction on research and monitoring, training and dissemination of information relating to cl imate change to the public and other stakeholders in the county; (h) ensure positive linkages, interactions and synergy w i thi n the county and also between the county, neighbouring counties and the national government in climate change response programming and action; (i)ensure a coordinated approach to climate change r esp o n se programming and action within the county government, betw een the county government and national government, and among the dif ferent stakeholders in the county; (j)coordinate the formulation of a climate change reporting framework, and the preparation and dissemination of an annual report on climate change response activities in the county ; (k) without prejudice to Section 17 (k), the Committee may provide resource mobilization linkage in consultation with the Board; N o . 620 2 2 and r Perform any other functions that may further the foregoing obj ectives and/or may be assigned by the G ov ern or . Composition of Steering Committee 7. (1) The Steering Committee shall comprise of not m ore than 17 members who shall be appointed to the Committee by the G ov ernor . (2) The members of the Steering Committee shall be — (a) Executive Committee Member in charge of Climate Change matters as the Chairperson; (b) Executive Committee Member in charge of the County Treasury as the Vice-Chai fpersDn; (c) Executive Committee Member in charge of Agriculture, L ivestock and Fisheries; (d) Executive Committee Member in charge of Healtli ; (e) Executive Committee Member in charge of Water and Irrigation; (f)Climate Change Fund Board Chairperson; (g) County Drought Coordinator or the national government of f i ci al for the time being responsible for coordination of drought response in the County; (1) 10 Makueni County Cl imate Change (h) County representative of the National Environment M anagement Authority ; (i)one representative of a duly registered public benefit organizations working in the county nominated by the umbrella organization representing the largest number of public benefit organizations in the County ; (j )one representative of the private sector in the county nominated by the umbrella organization representing the private sector in the County; (k) one representative of women in the county nominated by the umbrella organization representing the largest number of women’s organizations in the county; (l)one representative of youth in the county nominated by the umbrella organization representing the largest number of youth organizations in the county; (m) one Representatives of the County Climate Change Planning Committees; (n) one representative of Participating Development Partners; (o) one Representative of Professionals in the County; (p) one representative of people living with disability in the county nominated by the umbrella organization representing the largest number of People Living with Disability in the County; an d (q) Fund Administrator, as an ex-off icio member with no voting rights. (3) A person shall only qualify to be nominated for appointment under subsections (1) (j), (k) and (1) if the person has dem on str ab l e expefience, ■expertise and int erest in i's'sues of climate ch'ange, natural resource management and/or environmental conservation and has actively and publicly engaged with these issues in the county. (4) Without prej udice to the provisions of subsection (2) a person shall not qualify to be nominated for appointment under subsections (1) (i), (j), (k), (1), (m), (n) and (o) unless such person i s — (a) a citizen of K enya; (b) fulfils the requirements of Chapter 6 of the Constitution; and (c) has at least five years' experience in the relevant f i el d (5) The Governor shall ensure compliance with the two thirds gender principle in the appointment of members of the Steering C om m i ttee. 2 0 2 2N o . 6 11 Makueni County Climate Change A ppr oval of appointments by the County A ssembly 8. Names of persons nominated for appointment under section 7(2) (j ), (k), (1), (m), (n) and (o) shall be presented to the county assembly for approval . Ter m of the Steer ing Committee 9. Members of the Steering Committee appointed under 7(2) (j ), (k), (1), (m), (n) and (o) shall serve for one non-renewable term of f ive years. Removal of M ember of the Steer ing Committee 10. (1) A member of the Steering Committee may resign f r om the Committee by issuing one month’s notice in writing to the G ov ernor . (2) A member of the Steering Committee may be removed f rom the Committee by the Governor on any one or a combination of the following grounds — 20 2 2 N o . 6 (a) failure to attend two consecutive meetings of the Steering Committee without reasonable cause duly communicated t o the chairperson of the Committee; (b) serious violation of the Constitution or any other written law ; (c) gross mi sconduct; (d) physical or mental incapacity; and (e) bankruptcy. (3) A person who is a member of the Steering Committee by virtue of his or her of fice under section 7(2) (a), (b), (c), (d), (e), (f). (g) or (h) shall cease to be a member of the Committee upon being transferred f rom the county or ceasing to hold that of fi ce. (4) A person who is a member of the Steering Committee under section 7(2) (i), (j), (k), (1), (m), (n) and (o) shall cease t o t he a m em ber of the Committee upon ceasing to be a member of the interest g r o u p o r u p o n being recalled by the interest group for good cause and through a written communication f rom an authorized off icial of the interest group to the chairperson of the Committee. (5) Whenever a member of the Steering Committee is r em ov ed or otherwise ceases to be a member of the Committee, the E x ecut i v e Committee Member for the time being in charge of the Treasury shall advise propose a replacement to the Governor within 30 days of the v acan cy . 12 Makueni County Climate Change Secretar iat of t he Steer ing Committee 11. The Climate Change Unit shall serve as the Secretariat of the Steering Committee. M eet ings of the Steer ing Committee 12. (1) The Steering Committee shall meet at least once ev ery quarter in each f inancial year. (2) The quorum for meetings of the Steering Committee sh al l b e a third of the membership. (3) A resolution of the Steering Committee shall require a n aff irmative vote of at least one half of the members present at a meeting, excluding the chairperson’s vote which shall be a casting v o t e . (4) In the absence of the chairperson, the vice-chairperson shal l chai r meetings of the Steering Committee, and in the absence of b oth the chairperson and the vice-chairperson members in attendance shal l el ect one of them to chair the meeting. (5) The Steering Committee may invite to its meetings any technical staff of the national or county government who it considers w i l l cont r ibute to its deliberations, and the attendance and participation of such person shal l be recorded in the M inutes of the Steering Committee. Al lowances for member s of the Steer ing Committee 13. Members of the Steering Committee shal l be paid su ch allowances as are stipulated by Guidelines from the Sal ari es and R em unerat i on C om m i ssi on . Delegation of powers by the Steer ing Committee 14. Subj ect to the provisions of this Act, the Steering C om m i tt ee may, either g enerally or in a particular case, delegate in writing the exercise of any of its functions under this Act to any Subcommittee or to any member of the Steering Committee or off icer or agent thereof Establishment of the Climate Change Boar d 15. There is established a County Climate Change Fund M anagement Board to manage the County Climate Change Fund. Composition of the Climate Change Board 16. (1) The Board shall comprise of — (a) A chairman, who shall not be a public officer; (b) Chief Officer responsible for f inance or a representative; 2 0 2 2N o . 6 13 Makueni County Climate Change (c) Chief Officer responsible for Climate change; (d) Chief Officer responsible for Agriculture or representative; (e) Chief Officer for responsible Health or representative; (f)Chief officer responsible for water or representative; (g) Chief Officer responsible for Energy or representative (h) County Development Planning Of ficer; (i) County Drought Co-ordinator; (j)two representatives of Faith Based Organizations; (k) representative(s) of participating donors or development Partners; (1)representative of Public Benefit Organizations; (m) two Representatives of key economic actors in the County (representing both genders); and (n) Fund Administrator as Secretary. (2) Members of the Board shall elect the Vice-Chairperson amongst themselves during the fi rst meeting of the Board. (3) The non-state actor Board members shall be appointed through a competitive process by the Governor upon approval by County Assembly. (4) The Board shall serve for a fi ve-year term but a t hi rd of t he non state actor members shall be eligible for re-appointment f or one m ore t e r m . F u n ct i on s of t he B oar d 17, T he fu nct i ons of the B oard are — (a) approve the County Climate Change Budget; (b) allocate resources, in line with the legal and const i tu t ional requirements of equity; (c) mainstream climate change proj ects, programmes and act i v i t i es in county planning and budgeting, and ensure their approval and inclusion in the County Integrated Development Plan; (d) monitor disbursements; (e) oversee budget execution; (f)oversee implementation of climate programmes and proj ects; (g) monitor and evaluate climate change programmes and proj ects; N o . 62 0 22 r 14 Makueni County Climate Change (h) provide links between the steering committee, the County Treasury and County A ssembly; (i)coordinate capacity building at Ward and County level ; (j)be responsible for fi nancing cross ward and cross county cl imate change programmes; and m ob i l i ze f unds. M eetings of the County Climate Change Fund Boar d 18. (1) The Board shall meet at least once every quarter i n each fi nancial year. (2) The quorum for meetings of the Board shall be two th i rds of the membership. (3) A resolution of the Board shall require an af fi rmative v ote of at least one half of the members present at a meeting, excluding the chairperson’s vote which shall be a casting vote. (4) In the absence of the chairperson, the vice-chairperson shal l chai r meetings of the Board, and in the absence of both the chairperson and the vice-chairperson members in attendance shall elect one of them to chai r the meeting. A l l ow ances f or m em b er s of t h e B oar d 19. M embers of the Board shall be paid such allowances a s a r e stipulated by Guidelines from the Salaries and Remuneration Com m i ssi on as other county Boards. P o w er s o f t h e B o a r d 20. The County Climate Change Fund Board shall — (a) receive and consolidate proj ect and program proposals f rom the Ward Climate Change Planning Committee and other "sfakehol ders; (b) coordinate mainstreaming of the prioritized climate change interventions in county planning and budgeting process; (c) ensure funded proj ects and activities are included in the County Integrated Development Plan; shall prepare the annual budget that is consistent w i th the set resource al l ocation cri teria under the Public F i nance Management Act. The budget will include total costs of planned proj ects, both recurrent and capital and also for administrative and supervisory services. 2 02 2N o . 6 (k) (d) 15 Makueni County Climate Change PA R T n i - I N ST I T U T I ON A L FRA M EW ORK FO R PL A N N I N G A N D I M PL E M E N T A T I O N A. County Climate Change Planning Committee Establishment of Planning Committee 21. There is established the County Climate Change Planning Committee, which shall comprise of 14 members appointed to the Committee by the Executive Committee Member for the time being in charge of climate change matters in consultation with the E x ecut i v e Committee M ember for the time being in charge of the County Treasury. Climate change unit 22. (1) There is established a climate change unit/ secretar i at . (2) The County Climate Change Unit shall serve as the Secr etari at f or all the climate change structures/committees i .e. steering, planning, fund board and the ward planning committees. Composition 23. The climate change unit shall comprise of technical staff w ho N o . 62 02 2 ar e ; (a) the director in charge of climate change; (b) the climate change liaison officer; and the Fund A dm ini st r ator . F u n ct i on s/ r ol es of t he secr et ar i at . 24. The functions of the secretari at are— (a) implementing, coordinating and researching of climate change activities; (b) co-ordinating climate change acfivifies and liaising w i th cl i m ate change partners and donors in the County; (c) support the County climate change fund structures/committees to deliver their mandate as set out in thi s act; (d) co-ordinate the Climate change fund annual planning and budgeting; (e) co-ordinating, facilitating and supporting the climate change fund board operations; (f)monitor proj ects during and after construction to ensure proj ects conform to climate change design specifications; (c) 16 Makueni County Climate Change (g) develop, conduct or participate in surveys, studies o r investigations of various land uses to inform corrective act i on plans towards cl imate change resil ience building; (h) organize and facil itate and carry out ward-level community climate ri sk vulnerabil ity and capacity assessments; (i) facilitate and support ward-level consultations for the development of ward cl imate change action plans; (j)set out the county community led priorities for cl im at e act i on to enhance resi lience; (k) assist all the county government departments and agencies to integrate and mainstream the National Climate Change A ct i on plan into the CIDPs and County Sectoral Plans and programs i n line with the cl imate change Act, 2016; (1)co-ordinate all technical climate change related f unct i ons in the county ; (m) co-ordinate the mainstreaming of the cl imate change i n al l county departmental mandates and functions; (n) co-ordinate awareness creation on climate change impacts and response measures in the County; keep an updated asset inventory and ensure safety of all the Climate change fund of fice assets and equipment. F unct ions of County Plann ing C om m ittee 25. The functions of the Planning Committee shal l be— (a) to coordinate planning, and implementation of proj ects and activities for climate change response in the county; (b) to coordinate impl ementation of the Coimty Climate Change Action Plan and the County Climate Finance Framework; (c) establish guidelines to be used by Ward Planning C om m ittees in formulating climate response proj ects for funding by the County Climate Change Fund; (d) support Ward Planning Committees in development and implementation of climate response proj ects; (e) coordinate development and implementation of the County Climate Change Fund Regulations; N o . 6 2 0 2 2 k (O) 17 20 2 2 Makueni County Climate Change (f)advise the Steeri ng Committee on strategies, pri ori ty p r o g r am m e s, proj ects and activities for climate change response i n the County; (g) formulate and implement strategic actions to foster c l im at e change education, awareness creation and capacity development in the County; (h) to coordinate research and knowledge management on cl i m ate change, its impacts and strategies for responding thereto; (i)prepare and disseminate an annual report on climate change response activities in the county; (j)formulate and implement a county monitoring, evaluation and reporting framework for climate change response; (k) consolidate the ward Climate change response reports o n quarterly basis; and N o . 6 (1) perform any other functions assigned to it by the Steeri ng Committee. Composition of County Planning Committee 26. M embers of the County Planning Committee shall be ; (a) Chief Of fi cer responsible for environment as the Chairperson; (b) Director responsible for fi nance and planning, as V i ce Chairperson; (c) Director responsible for water; (d) Director responsible for Agri culture; (e) three Representatives of Ward Planning Committees; (fj County Director of M eteorological Servi ces; (g) two youth representatives; (h) a woman group representative; (i)a representative of persons with disability; (j)a representative of a faith-based organization; (k) a Representative of key economic sectors in the county ; (l)a representative from a county wide NGO; (m) County Drought Coordinator; 18 Makneni County Climate Change (n) the Administrator of the Fund, who shall be an ex-offi cio member with no voting rights; (o) Director responsible for Climate Change as the Secretary with no voting rights. Appointment and Term of County Planning Committee 27. (1) Members of the County Planning Committee shall be appointed by the Executive Committee Member for the time being in charge of climate change matters. (2) Members of the Planning Committee appointed under secti on 26 (1) (g), (h), (i), (j), (k) and (1) shall serve for a term of fi ve years. Removal of member of County Planning Committee 28. (1) A member of the County Planning Committee may at any time resign from the Committee by giving one month’s not i ce t o the Executive Member for the time being in charge of the Climate Change. (2) A member of the County Planning Committee may be rem ov ed from the Committee by the Executive Member for the time being in charge of Finance on any one or a combination of the following grounds 2 0 2 2N o . 6 (a) failure to attend two consecutive meetings of the County Planning Committee without reasonable cause duly communicated to the chairperson of the Committee; (b) serious violation of the Constitution or any other w r i t t en l aw (c) gross mi sconduct (d) physical or mental incapacity (e) bankruptcy (3) A person who is a member of the Planning Committee by virtue of his or her offi ce under section 26 ( 1) (a), (b), (c), (d), or (f) shall cease to be a member of the Committee upon being transferred f rom the county or ceasing to hold that offi ce. (4) A person who is a member of the Planning Committee under section 26 (1) (g), (h), (i), (j), (k) and (1) shall cease to be a m em b er of the Committee upon ceasing to be a member of the interest g r ou p o r u p o n being recalled by the interest group for good cause and through a written communication from an authorized offi cial of the interest group to the Executive Committee Member for the time being in charge of the County Treasury. 19 Makueni County Climate Change (5) Whenever a member of the County Planning Committee i s removed or otherwise ceases to be a member of the Committee, the Executive Committee Member for the time being in charge of the Treasury shall ensure that a replacement is appointed within 30 days of the v ac an cy . M eetings of Planning Committee 29. (1) The County Planning Committee shall meet at l east once every quarter in each fi nancial year. (2) The County Planning Committee may choose to rotate the location of its regular meetings to dif ferent wards in the county for purposes of engaging directly with communities and famil iarizing itself with their climate change related challenges. (3) The quorum for meetings of the County Planning C om m i t tee shal l be tw o th i rds of the m em ber s. (4) A resolution of the County Planning Committee shall require an af fi rmative vote of more than one half of the membership present at a meeting, excluding the chairperson’s vote which shall be a casting vote. (5) In the absence of the chairperson, the vice chairperson shal l preside over a meeting, and in the absence of both the chairperson and the vice-chairperson, the members in attendance shall elect one of them to chair the meeting; provided that no two consecutive meetings shall be held without either the chairperson or the vice-chairperson being present . (6) The County Planning Committee may invite to its meetings any technical staf f of the national or county govern ment w ho i t con si der s w i l l contribute to its deliberations, and the attendance and participation of such person shall be recorded in the M inutes of the Planning C om m i ttee. A llowances for member s of Planning Committ ee 30. M embers of the County Planning Committee shall be paid such allowances as are stipulated by Guidelines from the Sal ari es and R em unerat i on C om m issi on . 20 2 2 N o . 6 B. Ward Cl imate Change Planning Committee Establishment of W ard Planning Committees 31. There shall be established a Ward Climate Change Planning C om m i ttee i n each w ar d . Functions of W ard Planning Committee 32. The functions of the Ward Planning Committee shal l be — 20 Makueni County Cl imate Change (a) to coordinate and mobilize communities and other stak ehol der s in the ward to design and implement climate change response activities; (b) to facilitate research and knowledge management at the w ard level on climate change, its impacts and strategies f or responding thereto; (c) facilitate public education, awareness creation, and capacity building at the ward level on climate change, its impacts an d strategies for responding thereto (d) to coordinate, facilitate and manage community consu l t at i ons on priority climate change response activities; (e) participate in county planning and budgeting processes w i th a view to ensuring the mainstreaming of climate change and prioritization of climate change response in county development plans; (f)facilitate public participation in climate change g ov er n an ce, implementation of agreed climate change response activities, and monitoring of those activities; (g) coordinate and facilitate provision of technical support to communities in the ward in developing proposals on cl im ate change response proj ects for funding by the County Cl i m ate Change Fund; (h) oversee implementation of climate change response proj ects funded by the County Climate Change Fund and report thereon to the Planning Committee; perform any other functions that may be assigned to i t by the Planning Committee. Composition of Ward Planning Committee 33. (1) A Ward Planning Committee shall be composed of 9 m em ber s representing the diverse interests in the community, namely — (a) one male elder; (b) one female elder; (c) one male youth; (d) one female youth; (e) one male person living with disability; (f)one female person living with disability; 2 0 2 2N o . 6 (i) 2 1 Makueni County Climate Change (g) a representative of relevant sectors appointed by the County Executive Committee Member in charge of climate change i n consultation; (h) one person representing Community-Based Organizations i n the Ward and actively engaged in climate change response act i v i t i es who shall be nominated by an umbrella organization representing the largest number of such organizations i n the W ard; (i) the Ward Administrator who shall be the Secretary, and an ex offi cio member with no voting rights. (2) Nomination of members falling under subsections ( 1) (a), (b), (c), (d), (e), (f) and (g) shall be conducted by representatives of the respective groups at a meeting convened by the Ward Administrator at t he W ard headquarters for that purpose and presided over by the Sub county Environment Officer or a representative thereof (3) The Ward Administrator shall ensure that all interest g roups are equitably represented by location at the nominations meeting, and the l ist of persons attending the meeting disaggregated by interest group and location shall constitute part of the record of the meeting. (4) The notice convening the meeting under subsection (2) shall be issued not less than 14 days prior the date thereof, and shall be widely publicized through public barazas, community radio stations, and other all f orm s of m edi a av ai l ab l e in the w ard (5) Nomination of the representative of Community-Based Organizations shall be done through a meeting convened by the relevant network for that specific purpose, and communicated to the W ard Administrator in writing with a certified copy of the r eso l u t i o n . (6) Wf iere there is Jio of fi cially recognized ward l ev el n etw o rk of Community-Based Organizations, the Ward Administrator w i l l consul t with the chiefs in the ward to agree on the appropriate representative under subsection ( l )(g). (7) Within 30 days of the conclusion of the nominations, the W ard Administrator shall present the list of nominees to the Sub county Administrator who shall formally appoint the members, publicize the l ist as widely as possible within the ward, and share it with the County Planning Committee for information. 20 22 N o . 6 22 Makueni County Climate Change Offi cer s of the W ar d Planning Committee 34. (1) The fi rst activity of the Ward Planning Committee at i t s fi r st sitting shall be the election of a chairperson and a vice-chairperson from among the members. (2) The chairperson and the vice-chairperson shall not b e m emb ers of the same gender. Qualifications for appointment to Ward Planning Committees 35. (1) A person shall not qual ify for appointment t o serv e on the Ward Planning Committee, unless he or she — (a) is a resident of the ward; (b) fulfi ls the requirements of Chapter Six of the C onsti tut i on on leadership and integrity; (c) demonstrates basic knowledge of climate change and environmental issues and has engaged in activities ai m ed at addressing the said challenges in the County; (d) indicates will ingness to serve the community. (2) Without prej udice to the provisions of subsection (1), persons nominated under section 22(l )(c), (d), and (g) shall hav e a m in i m um of form four level of education, provided that where this requirement may impose inordinate constraints, the Executive Committee M em ber shal l determine the appropriate educational qualifi cation. Ter m of W ard Planning Committees 36. (1) Save for the Ward Administrator, and subj ect to sub secti on (2) hereof, members of the Ward Planning Committee shal l serv e f or one non-renewable term of fi ve years. (2) Without prejudice to the provisions of subsection (1), and in order to ensure continuity, the members of the Ward Planning C om m it tee shal l at their fi rst meeting decide by lot which fi ve of them w i l l r et i re at the end of three years. Removal of M ember of W ard Planning Committee 37. ( 1) A member of the Ward Planning Committee may at any time resign from the Committee by giving one month’s notice to the Sub county Administrator. (2) A member of the Ward Planning Committee may be rem ov ed from the Committee by the Sub-county Administrator on the recommendation of the Ward Administrator on any one or a com bi nat i on of the following grounds — 2 0 2 2N o . 6 I 2 3 Makueni County Climate Change (a) failure to attend two consecutive meetings of the Ward Planning Committee without reasonable cause duly communicated to the chairperson of the Committee; (b) serious violation of the Constitution or any other written law; (c) gross misconduct; (d) physical or mental incapacity; (e) bankruptcy. (3) A person who is a member of the Ward Planning Committee by virtue of his or her office under section 33(l )(g) shal l cease to b e a member of the Committee upon being transferred from the county or ceasing to hold that off ice. (4) A person who is a member of the Ward Planning Committee under section 33( l )(h) shall cease to a member of the Committee upon ceasing to be a member of the Community-Based Organization o r u p o n being recalled by the umbrella organization for good cause and through a w ri t ten com m uni cat i on f rom an author i zed of fi ci al o f t he um brel la organization the Sub-county Administrator. (5) Whenever a member of the W ard Planning Committee i s rem ov ed or otherwise ceases to be a member of the Committee, the Sub-county Administrator shall ensure that a replacement is appointed within 30 days of the vacancy. M eet ings of W ard Planning Committee 38. (1) The Ward Planning Committee shall meet at least once i n every quarter . (2) Save for the inaugural and emergency meetings, w hi ch shal l be held at the ward headquarters, regular meetings of the Ward Planning C om m i t tee shal l be conv ened and held in t he d i f ferent l ocat i ons of t he w ard on a rotat i onal basi s. (3) The quorum for meetings of the Ward Planning Committee shal l be t w o th i rds of the m em ber s. (4) A resolution of the Ward Planning Committee shall require an af firmative vote of more than one half of the membership present at a meeting, excluding the chairperson’s vote which shall be a casting vote. (5) In the absence of the chairperson, the vice chairperson shal l preside over a meeting, and in the absence of both the chairperson and the vice-chairperson, the members in attendance shall elect one of them to chair the meeting. 20 2 2 N o . 6 I 24 Makueni County Climate Change (6) Regular meetings of the Ward Planning Committee shal l be scheduled i n such a manner as to ensure that resolutions thereof are ■ available in time for the next regular meeting of the Planning Committee. (7) A Ward Planning Committee may invite to its meetings an y technical staff whose expertise and skills may be needed for purposes of a matter before the Committee, and the Ward Admini strator shal l ensure that techni cal staf f i n the w ard are avai lable to advi se the C om m i t tee as and when necessaiy . Reimbursement of members of W ard Planning Committees 20 2 2N o . 6 39. Members of the Ward Planning Committee shall serve o n a voluntary basis, but may be reimbursed reasonable transport costs and be paid sitting allowance costs at a rate to be determined by the County Treasury and the Fund Administrator. P A R T I V M EA SU RE S A N D A CT I ON S FOR R E SPOND I N G T O C L I M A T E C H A N G E County Climate Change A ct ion Plan 40, (1) The Executive Committee Member shall in consultation w i th the, the Climate Change Fund Board and relevant sectors and through a participatory process involving relevant stakeholders, formulate a County Climate Change Action Plan for approval and implementation. (2) The County Climate Change Action Plan shall be for a period of five years and shall run concurrently with the current N at i o n al C l i m at e Change Action Plan and County Integrated Development Pl an . (3) Without prej udice to the provisions of subsection (1), the Executive Committee M ember shall witli in one year of the coming into force of this Act coordinate development of an interim County Climate Change Acti on Pl an for the rem ainder of the peri od of t he cur r ent N at i on al Climate Change Action Plan. (4) The County Climate Change Action Plan shall be rev i ew ed and updated every fi ve years through the same participatory process as the one f o l l ow ed i n i t s f orm ul at i on . Contents of County Climate Change A ct ion Plan 41. The County Climate Change Action Plan shall — (a) be aligned to the current National Climate Change A cti on Pl an and respond to the specifi c needs and circumstances of the county ; 25 Makueni Comity Climate Change (b) contain a climate change needs and response assessment f or the county ; (c) articulate a climate change response implementation plan informed by the climate change needs and response assessment, and specify ing measures and mechanisms for — (i) guiding the county towards the achievement of low carbon climate resilient sustainable development; (ii) mainstreaming climate change into county development plans, programmes, strategies and proj ects; (ii i) adaptation to and mitigation of climate change; (iv) enhancing research, capacity building and knowledge management on climate change and climate change response (v) enhancing public awareness for ef fective participation i n climate change response; monitoring, evaluation and periodic review to integrate learning and best practice in the implementation of the County Climate Change Action Plan Approval of County Climate Change A ct ion Plan 42. The County Climate Change Action Plan shall be approved by the Steering Committee and laid before the County Assembly f or adoption. Biennial review of County Climate Change Action Plan 43. The Planning Committee shall undertake a biennial rev i ew of die i mplement ation of the County Cli mat e Change Action Plan and TepOTt to the Steering Committee. PA R T V — D U T I E S R E L A T I N G T O C L I M A T E C H A N G E E N T I T I E S Cl imate change duties of public enti ties 44. (1) The Steering Committee may, on recommendation of the E x ecut iv e C om m it tee M em ber and i n consu l tat i on w i th rel ev ant Ex ecut i v e Committee M embers together with the Board, impose duties relating to climate change on any public entity operating within the County . 20 2 2 N o . 6 (Vi) 26 Makueni County Climate Change (2) The imposition of climate change duties under subsection ( 1) shall be affected through regulations and preceded by public sensitization and consu l tat i ons. (3) Any public entity on which a climate change duty has been imposed shall in performing the said duty act in a m anner b est su i ted to the successful implementation of this Act and the County Climate Change A cti on Pl an . (4) Without prej udice to the provisions of subsection (1), every public entity operating in the county shall have the duty to — (a) mainstream climate change into sectoral strategies, plans and other frameworks for implementing its statutory functions; (b) perform its statutory functions in a manner that cont r i but es to the implementation of the County Climate Change Action Plan; (c) support the Steering Committee and the County Government i n its planning, programming, implementation and monitoring of climate change response in the county; and report annually to the Steering Committee on the status and progress of performance and implementation of al l assigned climate change duties and functions. Climate change duties of private entities 45, (1) The Steering Committee may, on recommendation of the Executive Committee M ember for the time being in charge o f c l i m at e change matters and in consultation with relevant Executive C om m i tt ee Members and the Board, impose duties relating to climate change on any private entity operating within the county. (2) The Steering Committee shall make regulations governing the nature and procedure for reporting on performance of climate change duties by private entities, including monitoring and ev al uat i on of compliance. M onitor ing and repor ting on compliance 46. (1) The County Director of Environment shall with the assi stance of the representative of the National Environment Management Authority and on behalf of the Steering Committee, monitor, investigate and report on whether public and private entities are in compliance with the assigned climate change duties, and in performance of this function she or he shal l— 2 0 2 2N o . 6 (d) 27 Makueni County Climate Change (a) have all poAvers necessary for purposes of monitoring and investigation including the power to enter premises of any private entity and make an enquiry; and (b) at a reasonable hour, for the purposes of monitoring and investigation, enter any private land or premises to m ak e an inspection or other task related to this function. (2) The County Director of Environment shall report to the Steering Committee on the performance of functions under subsection ( 1) on annual basis, and such report shall form part of the report by the Steering Committee to the County Assembly Steer ing Committee may require pr ivate entity to report o n per for mance 47. Notwithstanding the provisions of section 34, the Steeri ng Committee may — (a) by notice in the Gazette, require a pri vate entity that i s subj ect to climate change obligations to prepare reports on the st atu s of i t s performance thereof and prescri be the period for reporting; and require any private entity that fails to perform its climate change duties to prepare a report within a specif ied time, on tli e actions it has taken, is taking or intends to tak e to ensu re future performance of those duties. A nnual County Climate Change Response Repor t 48. (1) The Steering Committee shall, within three m onth s aft er the end of every financial year, publish publicly and submit a report on implementation of the County Climate Change Action Pl an and other climate change response actions and impacts to the County A ssembly for review, discussion and debate. (2) The County A ssembly shall, within three months of receiving the report, provide recommendations and proposed actions to the Steering C om m i ttee. (3) A copy of the report issued under subsection (1) shal l be forwarded to the Directorate for information purposes. 20 2 2 N o . 6 (b) 1 2 8 Makueni County Climate Change 2 02 2N o . 6 PA R T V I — PUB L I C PA R T I CI PA T I ON A ND A C CE SS T O I N F O R M A T I O N Values and pr inciples to apply to planning and implementation 49. The planning and implementation of climate response i n th e county shall be informed by the values and principles specified in section 4 of thi s A ct County strategy for climate change education and public a w a r e n e s s 50. (1) Within one year of this Act coming into force, the County Planning Committee shall develop a comprehensive county strategy for public education and awareness creation on climate change. (2) The strategy shall be developed through a participatory process involving all stakeholders in the county, and validated at public meetings organised by Ward Planning Committees in every ward. (3) The strategy shall be approved by the Steering C om m i tt ee and i t s implementation mainstreamed into the County Climate Change Action Pl an . Public sensit ization to precede for mulat ion of climate change r esponse plans 51. (1) Notwithstanding the provisions of section 40(3) the Planning Committee and Ward Planning Committees shall ensure that the development of any climate change response programme, plan, proj ect or activity in the county is preceded by comprehensive campaign of public sensitization and aw areness creation to faci l i tate informed public participation. (2) The Planning Committee and the Ward Planning Committees shall report to the Board for review and forwarding to the Steering Committee on public sensitization campaigns undertaken w ith ref er ence to every climate change response program, plan, proj ect or activity in the county and demonstrate how the sensitization has made impact on the threshold of decision making. (3) The report on public sensitization and awareness cr eat i on on climate change programmes, plans, proj ects and activities shal l b e included in the reports of the Steering Committee under sect i ons 33 and 38 of thi s A ct . I 2 9 20 2 2 Makueni County Climate Change N o . 6 Capacity building for effective public participation 52. (1) The Board shall ensure that the Planning Committee and Ward Planning Committees implement comprehensive programmes of capacity building to equip individual citizens and com m un it i es i n the county for effective participation in climate change governance and r esp o n se . (2) The Planning Committee and Ward Planning Committees shal l support and facilitate communities to establish Community-Based Organizations and other frameworks for mobil ization and engagement with climate governance and response issues in the county A ccess t o i n f o r m at ion 53. The Board, the Planning Committee, the Ward Planning Committee shall publish, publicize and ensure access to all important climate change information in their possession PA R T V I I — C O U N T Y CL I M A T E CH A N G E FUN D Establishment of County Climate Change Fund 54. (1) There is hereby established the County Climate Change Fund to provide funding for priority climate change actions and interv ent i ons identified by communities and other stakeholders and approved by the Steering Committee. (2) The Fund shall be vested in the County Treasury, administered by the Board and managed by the Fund Administrator appointed by the Executive Committee Member for the time being in charge of the Treasury in consultation with the Executive Committee M em b er . D i sb u r sem en t o f f u n d s 55. (1) The Board shall facilitate the opening of two bank account s for all beneficiary Ward Climate Change Planning Committees i n commercial banks approved by the County Climate Change Fund Board, in compliance with any regulations issued by either the County or National Treasury . (2) The Ward Climate Change Planning Committees shall open tw o bank accounts, one for the operating expenses (sitting al l ow ances f or committee members and other administrative expenses), and the other f or proj ect funds. I 30 Makueni County Climate Change (3) Disbursements shall be made only through the approved com m erci al b ank s. (4) Disbursed funds will only be withdrawn for use for approved proj ects authorized signatories to such accounts. (5) Disbursed funds shall be approved in accordance with the County Climate Change Fund regulations. F u n d A d m in i st r at or 56. (1) There is a Fund Administrator who shall be appointed by the Executive Committee Member in charge of Finance to oversee the day-to day operations of the Fund. (2) The Fund Administrator shall — (a) ensure compliance with decisions of the Board and sub m i t regular reports; (b) ensure timely and efficient disbursement of funds to County and Ward Climate Change Planning Committees for proj ect implementation; (c) exercise oversight of Ward and County Climate Change Committees members to ensure greater ef ficiency in thei r facilitation to community proj ect identification and implementation processes; (d) provide the accounting function and oversight to the County Climate Change Fund; and any other functions the Board may decide. 2 0 2 2N o . 6 (e) Sou r ces of t h e F u n d 57. The Fund shall be f inanced through — (a) initial capital appropriated by the County Assembly, being not less than two percent (2%) of the county development budget excluding conditional grants and loans; (b) money appropriate annually by the County Assembly, w hi ch shall be not less than two percent (2%) of the annual development budget of the county excluding conditional grants and loans; (c) money received from the National Climate Change Fund; i 3 1 Makueni County Climate Change (d) international Climate Finance received by the county directly or through the National Designated Authority, National Implementing Entity, bi lateral and multi lateral sources of f inancing and/or other agency; (e) donations, endowments, bequests, grants and gifts f rom individuals, public and private entities local or foreign; (f)charges, fees, levies or fines received by the county government in connection with activities that adversely impact on cl i m ate i n the county; 202 2 N o . 6 interest and any other money that may lawfully accrue to the Fund in any form. County Climate Change Fund Regulations 58. (1) The Executive Committee Member in charge of F i nance shall , in consultation with the Executive Committee M ember, develop Regulations for administration and management of the Fund . (2) The Regulations made under subsection (1) shall provide for the following standard operating procedures (SOPs), among oth er m at ter s — (a) formulation of the County Climate Finance Framework; (b) appointment and removal of the Fund Administrator; (c) operation of the Fund; (d) eligibility criteria for accessing money from the Fund; (e) development of proj ect proposals, application for and disbursement of money from the Fund; (f)procurement of services and goods; (g) complaints mechanism; (g) (h) monitoring, evaluation, reporting and learning, PA R T V I I I — F I N A N C I A L PR O V I SI O N S Funding operat ions of Steer ing and Planning Committees 59. (1) Functions of the Board, Steering Committee, the Planning Committee and Ward Planning Committees and the secretariat thereof shall be f inanced through a vote in the estimates of r ev enu e and expenditure of the relevant Department of the Executive C om m i t tee. (2) Participation of representatives of State and County Ex ecuti v e Departments in the Steering Committee, the Planning C om m i ttee and 32 Makueni County Climate Change Ward Planning Committees shall be financed by the Fund i n accordance w i th Guidel ines f rom the Salari es and Remunerati on C om m i ssi on . (3) Finances and accounts of the Steering Committee, the Planning Committee and Ward Planning Committees shall be administered and managed in accordance with the provisions of the Public F i nance Management Act and the Public Finance Management (County Governments) Regulations. Annual estimates for Steering and Planning Committees 60. At least three months prior to the commencement of each financial year, the Executive Member shall cause to be prepared the estimates of revenue and expenditure of the Steering Committee, the Planning Committee and the Ward Planning Committees for the year. Financial year of Steer ing and Planning Committees 61. The financial year of the Steering Committee, the Planning Committee and the Ward Planning Committees shall be the period of twelve months ending the thirtieth June in each year. A ccounts and audit of Steer ing and Planning Committees 62. The Steering Committee, the Planning Committee and W ard Planning Committees shall cause to be kept all proper b ook s and records of account and income, expenditure and assets, and shal l cau se the accounts to be audited within a period of three months aft er the end of each fi nancial year. 2 0 2 2N o . 6 PA R T I X — M I SC E L L A N E O U S P R O V I SI O N S Protect ion f rom personal l iabil i ty 63. (1) No action taken or thing done by a member, offi cer or agent of the Steering Committee, the Planning Committee or the Ward Planning Committee in good faith and in performance of functions or ex ecut i on of powers vested in the said committees by this Act, shall render the member, officer or agent or any person acting on their directions personally liable for any action, claim or demand whatsoever. (2) The provisions of subsection (1) shall not relieve the Board, Steering Committee, the Planning Committee or Ward Planning Committees of l iabili ty to pay compensation or damages to any person for any inj ury to him, his property or any of his interests caused by negl igence in the exercise of any power conferred by this Act or any other written law or by failure wholly or partially of any works. Offences and penalties i 33 Makueni Coiw ly Climate Change20 2 2 N o . 6 64. Any person who— (a) without lawful excuse ignores or fails to obey any instructions issued by any member or off icer or agent of the Steering Committee, the Planning Committee or Ward Planning Committee in exercise of the powers or performance of the functions of the Committees under this A ct; or (b) wilfully obstructs any member or off icer or agent of the Steering Committee, the Planning Committee or Ward Planning Committee in the discharge of their lawful duties; o r (c) misrepresents, knowingly submits false or misleading information to any member or off icer or agent of the Steering Committee, the Planning Committee or Ward Planning Committee in exercise of powers or the performance of the functions of the said Committees; under th i s A ct com m i ts an of f ence and shal l b e l i ab l e upon conviction to the punishment provided for under sect ion 33(1) of the Climate Change Act, 2016. (d) Regulat ions 65. The Executive Committee Member shall make Regulations f or the proper administration of thi s A ct . (