Nairobi City County Disaster and Emergency Management Act (No. 6 of 2015)

I I I I I I SPECIAL ISSUE REPUBLIC OF KENYA NAIROBI CITY COUNTY GAZETTE SUPPLEMENT ACTS,201 5 NAIROBI, 19th Octob€r, 2015 CONTENT Act PAGE The Nairobi City County Disaster and Emergency Management Act............1 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI I t I I I I ! i , I NAIROBI CruY COLINTY DIS EMERGENCY MANAGEMENT A No.6 of ?frLs Date of Assent: l6thOctober,2015 Date of Commercement : 27th October, 201 5 ARRANGEMENT OF CLAUSES Section PART I- PRELIMINARY 1-Short title. 2-Interpretation. 3-Object and purpose of the Act. PART II COUNTY DISASTER MANAGEMENT STRUCTURE 4-Disaster and Emergency Management Council. 5 -Establishment of the Directorate. 6-Functions of the Directorate. 7 - Administration of the Directorate. PART III COUNTY DISASTER MANAGEMENT PLAN 8-The Plan. 9-Role of the County Government. PART IV-FINANCIAL PROVISIONS l0-County Disaster Management Fund. 1l Estimates. l2-Maintaining of books. l3-Financial year. 14-Offences. PART V PROVISIONS ON DELEGATED POWERS I 5 Emergency declaration. l6-Rules. 17-Principles and standards of delegated power. PART VI -FINAL PROVISIONS 1 8 - Transitional. SCHEDULE No.6 Nairobi City County Ofrortr? and Emergency Management 2Ol5 NAIROBI CITY COUNTY DISASTER AND EMERGENCY MANAGEMENT ACT, 2015 AN ACT of the Nairobi City County Assembly to provide for the management of disasters and emergencies in Nairobi City County and for connected purposes ENACTED by the County Assembly of Nairobi City as follows PART I PRELIMINARY 1. This Act may be cited as the Nairobi City County shortritle. Disaster and Emergency Management Act,2015. 2.In this Act, unless the context otherwise requires- Interpretation. "Council" means the Disaster and Emergency Management Council established by section 4; "Disaster" means a situation in any part of the County (a) that arises from any happening, whether natural or otherwise, including (D any naturally occurring event affecting the whole or any part of the County; or (ii) any fire caused by any means; or (iii) any aspect of the safety of a water vessel or aircraft in the County; or (iv) any outbreak or spread of disease affecting humans, plants or animals; or (v) any event, natural or otherwise, which threatens the supply of water or the quality of water resources in the County; or (vi) any other emergency event resulting from terrorism, systems failure, infrastructure failure or human error; and (b) which involves threat or danger to human life or health, or to the environment; and (c) which might require response agencies to respond under this Act; 3 2015 Nairobi City County Disaster and Emergency Management No.6 "Director" means the Director of the Directorate of Disaster and Emergency Management appointed under section 7; "Directorate" means Directorate of Disaster and Emergency Management established by section 4; "Disaster management" means all activities undertaken in accordance with this Act in disaster preparedness and response, and for recovery from disasters and emergencies; "Disaster risk reduction" means all mitigation activities undertaken in accordance with this Act to reduce the risk of hazards to the community and its property; "Emergency" means a situation (a) which is more serious than a disaster; (b) which could result or has resulted in causing widespread human, property or environmental losses throughout the County or in any part of the County; and (c) which would require a substantial mobilrzatron and utthzation of the County's resources or which would exceed the ability of the County to cope using its own resources; "Fund" means the Nairobi City County Emergency Fund established pursuant to section I 10 of the Public Finance Management Act, 2012; "Plan" means the Nairobi City County Disaster Management Plan prepared pursuant to section 6; "Recovery" means the medium and long term activities undertaken for physical, social, economic and environmental regeneration after a period of emergency. 3. The objects and purpose of the Act are to (a) establish an efficient structure for the management of disasters and emergencies by promoting cooperation amongst agencies with a role in disaster management, and enhancing their capacities to maintain the provision of essential services, including psychosocial services, during periods of disaster and emergency; Object and purpose of the Act. 4 No.6 Nairobi City County Disaster and Emergency Management 2015 (b) require the preparation and implementation of a Plan consisting of the response agency plans prepared by the response agencies and other groups and institutions in accordance with the requirements of this AcU (c) vest authority in persons and agencies to act during times of disaster and emergency in accordance with the plans approved under this Act, and to require the observance and implementation of directives given and initiatives taken by persons authorized under this Act; (d) otherwise enhance the capacity of the County Government, relevant agencies and the community to effectively manage the impacts of disasters and emergencies and to take all necessary action to prevent or minimize threats to life, health and the environment from natural disasters and other emergencies; (e) implement mechanisms to reduce risks and hazards that may cause, contribute to or exacerbate disaster or emergency situations in the County; and (f) facilitate procedures aimed at implementing recovery activities in the aftermath of disasters and emergencies. PART II -COUNTY DISASTER MANAGEMENT STRUCTURE 4. (1) There is established the Nairobi City Disaster and Emergency Management Council. (2) The Council shall consist of (a) ff.*?Jr::fl Governor who shall be the (b) the County Executive Member responsible for Public Safety; (c) the County Executive Member responsible for treasury; (d) the County Executive Member responsible for health; Disaster and Emergency Management Council. , I l I I 5 2015 Nairobi City County Disaster and Emergency Management (e) :f;e,,n;[,l.ecutive Member responsible for (0 the County Executive Member responsible for public works; (e) n:,ff:x'J,3;:::ffi#,:*ber responsible for (h) the County Executive Member responsible for plannirg; (i) the Secretary to the Nairobi City County Public Service Board; 0) the County Commissioner; (k) the County Commandant of Police; (l) the County Liaison Officer of the Kenya Red Cross Society or representative of any other organizatron serving as auxiliary to the public authorities in the humanitarian field; (m) at least two representatives of the public, representing both genders duly appointed by the Governor with approval from the County Assembly; and (n) the County Director for Disaster preparedness and response who shall be the Secretary. The Council shall set policies with approval of the County Assembly on disaster and emergency management; approve the Plan; review, approve and endorse recommendations of the Director; oversee the application of the County Disaster Management Plan during any period of a disaster or emergency and give any order or direction necessary for the plan to be implemented; (d) oversee the implementation of risk reduction, preparedness, response and recovery activities by all County Government agencies and other agencies performing roles related to disaster management; No.6 (3) (a) (b) (c) 6 No.6 Nairobi City County Disaster and Emergency Management 2015 (e) implement the national governments policy on disaster and emergency response; and (0 discharge any other responsibility or exercise any other power as provided by this Act or the County Disaster Management Plan. (a) The Council shall report annually to the County Assembly on the status of disaster and emergency response preparedness of the county. (5) The conduct and regulation of the business and affairs of the Council shall be as provided in the Schedule. (6) Except as provided in the Schedule, the Council may regulate its own procedure. 5. (1) There is established, the Directorate of Disaster Establishment or and Emergency Management which shall be a department :l"#lJ::'#: in the County public service. m[""HJ,,. (2) The Directorate shall (a) be the secretariat of the Council; and (b) be under the direct management and supervision of the Council. 6. The Directorate shall (a) assess and review all disasters and emergencies and make appropriate recommendations to the Council; (b) prepare and subject to the Council's approval implement the Plan; (c) co-ordinate and monitor the implementation of the national and county disaster management policy; (d) ensure that areas in the county vulnerable to disasters are identified and measures for the prevention of disasters and the mitigation of its effects are undertaken by the departments of the county; (e) undertake any activity relating to raising the capacity within the County to effectively respond to disasters and emergencies; Functions of the Directorate. l I 7 2015 Nairobi City CounQ Disaster and Emergency Management (0 ensure that the guidelines for prevention, mitigation, preparedness and response measures laid down are implemented by all county departments; (g) ensure that the Plan is publictzed and that all sectors of the community are made aware of the possible threats arising from disasters and emergencies, and of the need to be prepared to respond to such threats so as to protect human life and health and the environment; (h) ensure that a coordinated inter-agency approach is undertaken in relation to all disaster and emergency planning, risk reduction and preparedness, and response and recovery activities; (i) implement the decisions of the Council and give proper effect to the provisions of this Act and the Plan; 0) ensure that preparedness activities are undertaken as required, including public awareness raising, training, simulation exercises, planning and the establishment of facilities and communications; (k) organrze and co-ordinate speciahzed training programmes for officers of the Directorate and volunteer rescue workers in the county; (l) set up, maintain, review and upgrade the mechanisms for early warnings and dissemination of proper information to the public; (m)identify buildings and places which could be used as relief centres or camps in case of disasters and make arrangements for water supply and sanitation for such buildings o places; (n) put in place collaboration measures with other appropriate persons or national government agencies; (o) advice the County Government on all matters relating to disaster and emergency response; (p) ensure that such relevant agencies or institutions as may be determined by the Director, prepare their own disaster management plans; No.6 8 No.6 Nairobi City County Disaster and Emergency Management 2015 (q) assist response agencies and the community generally to identify, implement and participate in disaster risk reduction activities and programmes; (r) collate the plans prepared under Part 4 and refer them to the Council for approval; and (s) undertake such activities as are necessary to prepare for responses to disasters and emergencies; (t) establish a multi-agency disaster operations centre; (u) regulate other disaster management agencies in the County; (v) perform such other functions as may be conferred by the Council or any other written law. 7 . ( 1) The Directorate shall be headed by a Director of Disaster and Emergency Management. (2) The Director shall be appointed by the County Public Service Board through a competitive and transparent process. (3) A person shall be appointed as a Director if that person (a) is a Kenyan cttrzen; (b) is a holder of at least a first university degree in a course relevant to matters of disaster and emergency management; (c) satisfies the requirement of Constitution; and (d) has knowledge, experience career of not less than five field. Chapter Six of the and a distinguished years in the relevant (4) The Council shall, in consultation with the County Public Service Board determine such number of staff as may be required for the proper execution of the functions of the Directorate. (5) The Director shall be the overall head of the Directorate and shall be responsible for Administration of the Directorate. 2Ol5 Nairobi City County Orrosr? and Emergency Management No.6 (a) day to day running and operation of the Directorate; (b) administration, organization and control of staff of the Directorate; (c) management of funds, property and affairs of the Directorate; (d) implementation of policies and programmes of the Directorate and reporting thereon to the Council; (e) development of operational plans for achieving the objectives of the Directorate; and (f) performance of any other function necessary for the implementation of this Act, as may be determined by the Council. PART III-COUNTY DISASTER MANAGEMENT PLAN 8. (1) There shall be prepared a plan for disaster rhepran. management for the county to be called the Nairobi City County Disaster Management Plan. (2) The Plan shall be prepared by the Directorate having regard to the National Government Disaster Management Policy and shall be approved by the Council. (3) The Plan shall include (a) measures to be taken for the prevention of disasters or the mitigation of their effects; (b) measures to be taken for the integration of mitigation measures in the development plans; (c) the minimum standards of relief to be provided in case of disasters and emergencies; (d) measures to be taken for preparedness and capacity building to effectively respond to any threatening disaster or emergency situations ; (e) roles and responsibilities of different county govemment departments and other such agencies not being part of the county government structure; 10 No. 6 Nairobi City CounQ Disaster and Emergency Management (0 mechanisms for the sharing of disaster management plans formulated by other disaster management agencies; and (g) information regarding the vulnerability of different parts of the County to different forms of disasters. (4) The Plan shall be reviewed and updated annually. (5) The county government shall make appropriate provisions for financing the measures carried out in the Plan. 9. The county government shall (a) ensure that officers and employees are trained for disaster management; (b) ensure that resources relating to disaster management are so maintained as to be readily available for use in the event of any threatening disaster situation or disaster; (c) ensure that all construction projects under it or within its jurisdiction conforrn to the standards and specifications laid down for prevention of disasters and mitigation by the Directorate; and (d) carry out relief, rehabilitation and reconstruction activities in the affected area in accordance with the Plan. 2015 Role of the county government. 10. (l) Where, upon occurrence of a disaster, the Disaster Council is satisfied that immediate procurement of :ff:t"",::' provisions or materials, or the immediate application of resources are necessary for rescue or relief, the Council may authorize the Directorate to procure the provisions or materials directly. (2) The procurement referred to in subsection (1) shall be done in accordance with the applicable provisions of the written law relating to public procurement. PART IV -FINANCIAL PROVISIONS 11. (1) There is established the County Disaster countvDisaster Management Fund, which shall be administeied by the [-3c"'"" Director. ll 2015 Nairobi City County Disaster and Emergency Management No.6 (2) The Fund shall be financed from (a) such monies appropriated from the County Revenue (b) such monies or assets as may accrue to the Directorate in the course of the exercise of its powers or the performance of its functions under this Act; (c) grants made by the national government or other county governments; and (d) loans, aid or donations from national or international agencies; and (e) all monies from any other source provided or donated or lent to the Directorate. (3) The Fund shall be used towards meeting the expenses for emergency preparedness, response, mitigation, relief and reconstruction in the county after a disaster. 12. (l)There shall be paid out of the Fund monies for meeting the expenses for emergency preparedness, response, mitigation, relief and reconstruction in the Nairobi County, upon occurrence of a disaster. (2) For purposes of this Act, the Fund shall be accessible to other auxili ary government agencies involved in disaster management, with the approval of the Council. 13. (1) Before the commencement of each financial year, the Directorate shall prepare financial estimates for that year. (2) The annual estimates shall make provision for all the estimated expenditure of the Directorate for the financial year concerned and, in particular, shall provide for the (a) funding of training, research and development of activities of the Directorate; (b) funding of education , tranning and capacity building on disaster management in the county; and Expenditure of the Fund Estimates \ No.6 t2 Ir{airobi City CounQ Disaster and Emergency Management (c) such other matters as the Directorate may consider fit. (3) The annual estimates shall be submitted to the County Executive Member responsible for matters relating to disaster and emergency management for approval, and once approved, shall be included in the estimates for the relevant sector submitted for approval by the County Assembly. (4) Expenditure of the Directorate shall not be incurred except in accordance with the annual estimates approved under subsection (3). 14. (1) The Directorate shall cause to be kept proper books and records of account of the income, expenditure, assets and liabilities. (2) Within a period of three months after the end of each financial year, the Council shall submit to the Auditor-General the accounts of the Directorate in respect of that year together with (a) a statement of the income and expenditure of the Directorate during that year; 2015 Maintaining of books. (b) a statement of the assets and liabilities of the Directorate on the last day of that financial year; and (c) the annual accounts of the Directorate must be prepared, ?udited and reported upon in accordance with the provisions of Articles 226 and 229 of the Constitution and the law relating to public audit. 15. Any person who- offences. (a) obstructs any officer or employee of the county government or Directorate in the discharge of their functions under this Act; (b) refuses to comply with any direction given by or on behalf of the county government in exercise of the functions under this Act; (c) knowingly makes a false claim for obtaining any relief or assistance or any other benefits that may accrue as a result of a disaster; 13 2015 Nairobi City County Disaster and Emergency Management (d) knowingly makes or circulates a false alarm or warning as to a disaster or its severity or magnitude leading to panic; (e) fails to discharge their duties as accorded by this Act; or (0 interferes or destroys any equipment meant to achieve the objectives of this Act. commits an offence and is liable to a fine not exceeding five hundred thousand shillings or to a term of imprisonment not exceeding one year, or both. PART V-PROVISIONS ON DE,LEGATE,I) POWERS 16. (1) The Council may issue a declaration of disaster which would activate the county disaster response mechanisms. (2) Nothing in this section affects the power of the Head of State to make proclamations of emergency as per the Constitution of Kenya or other relevant national law in the event of any disaster or emergency. 17. (1) The County Executive Committee Member responsible for public safety shall, otr the recommendation of the Council, make rules generally for the better carying out of the provisions of this Act. (2) Without prejudice to the generality of the foregoing, such rules may provide for (a) prescribing anything required to be prescribed under this Act; (b) the forms and fees for the pu{poses of this Act 18. The principles and standards applicable to the delegated power referred to under section 14 are those found in (a) the Statutory Instruments Act,2013; (b) the Interpretation and General Provisions Act, (c) the Constitution and any national law; (d) the general rules of international law as specified under Article 2(5) of the Constitution; and No.6 Emergency declaration. Rules. Principles and standards of delegated power. No. 23 of 201 3 . Cap.2. No.6 (e) t4 Nairobi City CounQ Disaster and Emergency Management 2015 any treaty and convention ratified by Kenya under Articl e 2(6) of the Constitution. PART VI-FINAL PROVISIONS 19. (1) In this section- rransirional. "effective date" means the day upon which this Act comes into operation; and "former Department" means the Department or unit responsible for disaster management within the county public service existing immediately before the effective date. (2) On the effective date, all the funds, assets and other property, both movable and immovable, which immediately before such date were vested in the former Department, shall by virtue of this sub-section, vest in the Directorate. (3) On the effective date, all rights, powers and liabilities, whether arising under any written law or otherwise which immediately before such day were vested in, imposed on or enforceable against the former Department shall, by virtue of this sub-section, be deemed to be vested in, imposed on or enforceable against the Directorate. (4) On the effective date, any person who, immediately before the commencement of this Act was a member of staff of the former Department shall be deemed to be a member of staff of the Directorate for the unexpired period of his or her service. (5) Any reference in any written law or in any document or instrument to the former Department shall on and after the appointed day, be construed to be a reference to the Directorate. (6) The annual estimates of the former Department for the financial year in which the effective date occurs shall be deemed to be annual estimates of the Directorate for the remainder of that financial year, but such estimates may be varied by the County Executive Committee Member responsible for matters relating to disaster and emergency management as he or she may deem necessary. I { j I 15 l{airobi City County Disaster and Emergency Management No.62015 (7) The administrative directions made by the former Department or by the Member of the County Executive which are in force immediately before the appointed day shall, on and after such day, have force as if they were directions made by the Directorate or the Member of the County Executive under this Act. SCHEDULE (s.4(5) PROVISIONS ON CONDUCT OF AFFIARS ANT) BUSINESS OF THE COUNCIL 1. The members of the Council other than ex-fficio members shall, subject to the provisions of this Schedule, hold office for a period of five years, or such terms and conditions as may be specified in the instrument of appointment, but shall be eligible for re-appointment for one further term. 2. (1) A member other than an ex-fficio member may (a) at any time resign from office by notice in writing to the Governor; (b) be removed from office by the Governor on recommendation of the Council if the member (i) has been absent from three consecutive meetings of the Council without its permission; (ii) is found to have contravened the provisions of chapter six or thirteen of the Constitution; (iii) is convicted of a criminal offence that amounts to a felony in Kenya; (iv) is incapacitated by prolonged physical or mental illness for a period exceeding six months; or (v) is otherwise unable or unfit to discharge his functions. Tenure of office. Vacation of office. 3. (1) The Council shall in every financial year and shall elapse between the date of the next meeting. (2) Notwithstanding Chairperson may, and upon meet not less than four times Meetings. not more than four months of one meeting and the date sub-paragraph ( 1), the requisition in writing by at t6 Nairobi City CounQ Disaster and Emergency Management 2015No.6 least five members shall, convene a special meeting of the Council at any time for the transaction of the business of the Council. (3) Unless three quarters of the total members of the Council otherwise agree , zt least fourteen days' written notice of every meeting of the Council shall be given to every member of the Council. (4) The quorum for the conduct of the business of the Council shall be half of the total members including the Chairperson or the person presiding. (5) The members of the Council shall, during their first meeting after appointment elect one of their number to be the Vice chairperson who shall preside whenever the Chairperson is absent, with all the powers of the Chairperson with respect to that meeting and the business transacted thereat. (6) Unless a unanimous decision is reached, a decision on any matter before the Council shall be by a majority of the votes of the members present and voting, and in case of an equality of votes, the Chairperson or the person presiding shall have a casting vote. (7) Subject to sub-paragraph (6), ro proceedings of the Council shall be invalid by reason only of a vacancy among the members thereof. (8) Subject to the provisions of this Schedule, the Council may determine its own procedure and the procedure for any committee of the Council and for the attendance of other persons at its meetings and may make standing orders in respect thereof. 4. (l) The Council may establish such committees as it may deem appropriate to perform such functions and responsibilities as it may determine. (2) Members of the committees shall be drawn from the members of the Council, but a committee may co-opt any other person, not exceeding three persotrS, as may be necessary to discharge its mandate. (3) The Council shall appoint the chairperson of a committee established undei- sub-paragraph- ( 1) from amongst its members. Committees of the Council. 2015 t7 I'{airobi City CounQ Disaster and Emergency Management No. 6 (a) The Council may where it deems appropriate, co opt any person to attend the deliberations of any of its committees. (5) All decisions by the committees appointed under sub-paragraph (1) shall be ratified by the Council. (6) Without prejudice to the generality of sub paragraph (1), the Council shall ensure the establishment of separate committees responsible for (a) management issues; (b) practice issues; and (c) training and assessment issues. 5. (1) A member who has an interest in any contract, Disclosureor or other matter present at a meeting shall at the meeting interest' and as soon as reasonably practicable after the cofllmencement, disclose the fact thereof and shall not take part in the consideration or discussion of, or vote on, any questions with respect to the contract or other matter, or be counted in the quorum of the meeting during consideration of the matter. (2) A disclosure of interest made under sub paragraph (1) shall be recorded in the minutes of the meeting at which it is made. (3) A member of the Council who contravenes sub paragraph (1) commits an offence and is liable to a fine not exceeding two hundred thousand shillings. contract or instrument which, if entered into contracts and by a person not being a body co{porate would rnstruments' to be under seal, ffi&y be entered into or .r;:.PY-:lr {'r, behalf of the Council bv anrs€rsffi€ne 6. Any or executed not require executed on or specially behalf of the Council by""fl11y=ffiffi-Eeterally au th ori s ed hap#ryEf.;##Sf+ ryo df I \\ T.r;#Lffiii.,Y-1',N *\ l"tY " * -frT:,i ,i h'.,! :-,.5 i , CclU r{^i J***-tqi i.i,'i} i B. O' ffiil:t, t&' H1=i1if$;,=*"in;i1l i I i