The Tana River County Disaster Risk Management Act no. 6 of 2020

SPECIAL ISSUE Kenya Ga:ette Supplement No.l3 (Tctna Rit'er Acts No 6) REPUBLTC OF KENYA KE NYA GAZETTE S II PP L E IIf, E NT TANA RIVEH COUf{TY ACTS, 2O2A NAIROBI, 30th October, 2020 CONTENIT Act PAGE The Tana ftiyer County Disaster Risk Management Act, 2A2A 1 J Section l- Short Title. 2- Interpretation. No. 6 af 2A2A P\RT I PRELI.\II\AR\. THE TANA RIVER COUNTY DISASJTER RISK MANIAGEMEI$T ACT,2O2A Date of Assent: 27th Ocrcber,2020 Date o.f Coulmeilcetnett; 30th. October,2A20 ARRA]\GEMENT OF SECTION S 3- Objects and purpose of the Act. PART tr- CO{II.{TT DISASTER RISK FIANAGEFIENT 4- The Disaster RirU **:*:m 5- Functions <f the Committee 6-powers of the Committee 7- Conduct of business of the Commifiee. 8.- Function of the department. PART trI-COUNTY DISASTER RISK }IANAGEMENT PLAN9-- Disaster risk management plan. 10- Contents of the plan. 11- Implementation of the plan. 12- Review and amendment of the plan. 13- Roles of the County in disaster risk management. 14-.Period of disr 15-- Decrarati", ,il;;TTi;,J. ". emersency16- Termination of a period of disaster. 17- Steps to abate danger. PART TV - TII{ANCIAL PROVISIONS18.- Disaster Risk Management Fund. 19- Expenditure of the Fund. 2 No. 6 Tana River County Disaster Risk l{anageruent 2AZA 20- Allocation of the Fund. 21- Accounts and audit. PART V OFFENCES AI\-D PENALTIES l}-Nltsappropriation of the Fund and relief materials' 23- False statements, claims and aiarms 24- Obstruction. 25-General penalty. PART VI-IUISCELLANEOUS PROYISION S 26-Tmmunity from liabiliry. ?7-.Claims for compensation and remuneration' 28-Victims of disaster. PART VII PROVISIONS OT''{ DELEGATED POWERS 29- Regulations. SCI{EDI]LE : CONDLTCT Ots BUST\TSS AND AFFAIRS OF THE COMMMITTEE l ? 2O2O Tans River Cottnly Disoster Risk l'lanagement No. 6 THE TAI\A RIVER COUNTY DISASTER RISK MANAGEMEI{T ACT,2020 AN ACT of the Countv Assembly of Tana River to provide for the effective organisation of the mitigation, prevention, preparedness, response and recovery from emergencies and disasters, and for connected purposes. ENACTED by the County Assembly of Tana River as follows PART I PRELIIVIII{ARY Short Title 1. This Act nrav be cited as the Tana River County Disaster Risk Management Act, 2020. Interpretation 2. In thrs Act "Allocation means tunds allocated by the County Assembly ior purposes ofthe Fund. "Committee'' means the Disaster Risk Management Committee established under Section 4 of this Act; "Compensation" means any assistance by the county government that seeks to restole normalcy of life and livelihoods other than relief, rehabilitation and reconstruction after a disaster; "County Assembly" means the County Assembly of Tana River; "County Government" means the County Government of Tana River; "Depafcment" means the county department on special programmes; "disaster" means a catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or manmade causes, or by accident or negligence which results in substantial lcss of life or human suffering or damage to, and destruction of property, or damage to, or degradation of the environment, and is of such a nature or magnitude as to be beyond the coping capacity of the community of the affected area whether natural or manmade; "disaster management" means a continuous and integrated process of pianning, organising, co-ordinating, resource mobilisation and implementing measures which are necessary or expedient for strategies meant for including but not limited to preparedness, mitigation, response and recorrery; t No" 6 'l'arm River Countt Disasrcr Risk llctnagenrcnt 2O2O "disaster risk management' means the systernut-'-t-,!:ottts of using administrative directives, o'gun"ut'on'' *11 operational ski1ls and capacities to inrplement strategies' policies and.ilyroved coping capacities in oro.r-io-i"rr.n the adverse impacts of hazards and the possibilitY of disaster: "emergency" means a natural or manmade 'nhe1om93on rvhich may cause physical damage, economic losses or threaten human life and wellbeing within the CountY; ..exposufe,,meallsthecombinatronoftheprobabilityofaneventand its negative conseqilnces; ..financialyear,hasthemeaningaccordedinthePublicFinance Management Act, 2012, ..Fund,, n}eans the County Disaster risk management Fund established under Part IV of this Act; "mitigation"meansmeasuresaimedatreducingtherisk'impactor eff-ectsofadisasterorthreateningdisastersituationolemergency' "Plan" means the County Disaster risk nranagement Plan drawn in accordance with Section 12 of this Act' " preparedness" means the knowl ed*t 19 :^19 ::ties,by govemm ents' orofessionalresponseandrecovery-organisations"communitiesand individuals to effectivel;r anticiput.,".rpind to, and recover from, the impactsoflikely,imminentorcurrenthaiardeventsorconditions; ..prevention,,meailstheoutrightavoidanceofadverseimpactsof hazards and related disasters' ,.reco\,ery" means the restoration, and improvement where appropriate. "f f*ii;i.", ri*rilroods and living conditions of disaster affected .o**rni,l-, i".i"Ji"g efforts to reduce disaster risk factors; "response" means the provision of emergency services and public assistance during or immediut.ly. urto disastEr in order to save lives' reduce health i*p#r,'*r*. p-tiri. r.f.ri' and meet the basic subsistence needs olthe PeoPle affected: and ..Sub-Committee,,meansthesubconrmitteeestablislredunderthe Schedule. Objects and PurPoses of the Act 3. The objects and purpose of this Act sha11 be to 5 2O2A Tana River- County Disctster Rtsk A.lanagentent IrIo. 6(a) estabrish an efficient structure fbr the management of disastersand emergencies. uy pro*otrng cooperation-amtngst agencieswith a rore in disaster .iri'*urugement, and enhancing theircapacities ro maintain the piorirroo".r"'"lrir,i"r services,including psycho sociar services, during periods of disaster andemergency. (b) ensure preparation and imprementation of a county disaster riskmanagement plan consistins of the ,"rporr.-.ugency plans ,'JrtltffiSrr:' the response'agencies "'i-;;;' sroups and (c) vest authori4' in persons ard agencies to act duri,g times ofdisaster and emerg"n.y in u.orAun.. rvith the plans approvedunder this. Act, and to require the observance andimplementation of directiulJs gir:en uri--init#ir,:es taken bypersons authorized under this ,{ct. (d) enhance 'h: capacitl'' of the c3unty Government, rerevantagencies and thocommunin' to effectiv.l;;;;r*g" the impactsof disasters ard emerger.i.i .ro^t" r"t.;r,r;.;;,y action topre'ent or minimize rhreats to life, rr.rrlr *ra iil".noironrn.n,from natural disasters ,nd ;;h.. emergeocies; (e) implement m.echanisms rvhich reduce risks and hazardsthat maycause, contribute to or exacerbate di;;t;;-;;,situations in the Countl. L,D'xbttrI or emergency (0 facilitate procedures aimed at impiementing recovery activitiesin the aftermath of disasters ild.*..g.n"i*r. PART II COUI{TY DISASTER RISK MA]YAGEMENT STRUCTURE The Disaster Risk Management Committee a"*rlu.[]) There is established the Disaster Risk Management q The Committee shall consist of. (a) the Governor or his representative; (b) the County Commissioner or his representative, (c) the county Executive cornmittee Member responsibre formatters relating to disaster management; l F No.6 (d) (e) (0 6 Tana River County Disaster Risk lv{anagement 2O?'B theCountyExecutiveCommitteeMemberresponsiblefor matters relating to finance; the Chief Officer responsible for special programmes; the County Liaison Officer of the Kenya Red Cross Society; and (S) the CountY Liaison Management AuthoritY l-unctions of the Committee Officer of the National Drought 5.(1)TheCommitteeshaliberesponsibleforthefollowing (a)examinethevulnerabilityofdifferentpartsoftheCountyto different disasters anrt identify specific prevention, reduction or mitigation measures; (b)laydow-nguidelinestobefollow.edforpreparationofdisaster urd e.rrg.ncy management plans by the County departments' (c) evaluate preparedness at all goYernmentai or non-governmental levels in the Co"nty to resp&d to disaster and emergencies and to enhance PreParedness; (d)co-ordinateresponseintheeventofdisasteroremerqenc\-: (e)promotetherecruitment,trainin-uan<iparticlpationofr.olunteers\ / in disaster and emergency management in the Countl'' (0toadministerandmobilizelesourcesfortheCountyDisaster risk management Fund (g) to negotiate rvith the central go\ ernment and other counties on trans-=border di sasters and emergetrcies' (h) irnplement the national go'.;ernment's policy on disaster and emergency response. (i) to oversee the implementation of disaster risk reduction,\-/ preparednerr, t.rponre anC recovery activities by all County Governmentsectorsandagenciesperformingrotresrelatedto disaster risk management, il) to approve, review, amend and endorse recommendations of the Committee;or.rr."applicationandimplementationofthe County Disaster risk minagement Plan during any period of disasteroremergencyandgiveordersordirectionsnecessary for the implementation of the Plan; and "7 Tana River County Disaster Risk Manageruent No.6 2020 (k) discharge any other responsibility or exerciit 1]I lther power as \ / provide? by'this Act or the County Disaster risk management Plan. (2) The Committee may. enter into a partnership with any other orgun;;ion aimed at promoting the pfoper exercise of its powefs or performance of its duties. Powers of the Committee 6.(1)TheCommitteeshallpossessallpowersnecessaryforthe performance of its functions under this Act' (2)Notwithstandingsubsection(3),theCommitteehasthepower to (a) receive any grants, gifts,. donations or endowments and make legitimate disbursements there from; (b) delegate anY of its Powers; and (c)undertakeanl,activitynecessaryforthetuifilmentofanyofthe functions of the Committee' Conduct of business of the Committee 7 . L nless other*,ise erpressly provided in this AcL the conduct and requlation of the ilrrir*r, and affairs of the Committee shall be as pir ided in the Schedule Function of the dePartment 8.Thedepartmentonspecialprogrammesshallberesponsible for (a)forrnulationoftheCountyDisasterRiskManagementPlan, County Disaster Risk Reduction Action Plan, Contingency Plans, and Emergency Response Plans, (b)implementatiorrofthedecisionsoftheCommitteeandgive prop.t effect of this Act and the Plan; (c)identifyingtheareasinthecountyvulnerabletodisasters, ..urrr", ?oilfr. pr.""ntion of disastLrs and the mitigation of its effects ura .nrrring such steps as necessary are undertaken by the relevant departments of the County; (d)takingmeasurestoensurecapacitybuildingoftheCountyto effeciively respond to disasters and emergencies; I 8 No. 6 Tana River Countst Disaster Risk l,Ianagement 2OZA (e) ensuring that the guidelines for prevention, mitigation, preparedness and response measures laid dow-n in the Plan are implemented by ali county departments; (0 undertaking and coordinating specialised training programmes for offrcers of the Department and volunteer rescue workers in the County; (g) establishing a multi-agency stakeholder tbrum at the County, sub county aird war<i level for disaster risk management in the County; and (h) performing such other functions as may be confened upon it by the Committee or any other written law. PART III COUNTY DISASTER RISK MANAGE]VIENT PLAN Disaster Risk Management PIan 9. (1) The Director shall prepare or cause to be prepared at regular intervals (not exceeding five years) a Counff Disaster Risk Management Plan, comprising the statement of the arrangefll€rrt for the coordinated response to threat, event and aftermath of disaster in the County. (2) Notw-ithstanding the provision of su-hsection (1) the Director shall give due regard to the National Policv on Disaster Risk \{ana-qement and shall be subject for appror-al br ihe Corrntittee Contents of the Plan 10. (1) The Plan as drar.vn above shall contain (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 developrnent plans: (c) the minimum standards of relief to be provided in case of di sasters and emergencies; (d) measures to be taken for preparedness and capacity building to effectively respond to any imminent disaster or emergency situations; and (e) roles and responsibilities of different county government departments and other agencies not being part of the county government. 9 2020 'f ana Rit'er Countl Disaster Risk L'Ia'nagefiTent No' 6 (2) The Committee shall cause the Plan includes procedures for upprorirg and managing assistance sought or offered in responses to any n^.bar ariiing in the Countv from disasters and emergencies (3) The Plan ma.v include any appfopiate financial arrangernents to *uppott all aspects of ihe Plan; inciuding any other aspect of disaster and emergency management r,vhich the Committee considers will achieve the objects of this Act. Implementation of the PIan 11. (1) When an emersency exists or is imminent or a disaster has occurreci or is imminent. the Committee or other persons designated in the plan may cause the plan to be lmplemented. (2) Notwithstanding the pror,isions of any otirer Act" during any period of emergency the poruett confered on any agency, organizationor p..ton under *the 'Counq' Disaster Risk N{anagement Plan shall be Lxercisable in accordance rvith the terms and requirements stated in this Act. Review and amendment of the Plan 12. (1) All plans prepared and approved in accordance with this Part shall be .iri.*.d at periods to be determined by the Committee or the Department; {2) The Department shall ensure that the County Disaster Risk Management Plan, and each of its component parts, is reviewed (a) whenever a rer.ier,v is c.onsidered necessary by the Disaster Risk Management Committee; or (b) nor iater than 3 years after the adoption of the County Disaster Risk N{anagement Plan in accordance with this Act; or (c) after each period of emergencY. Roles of the County Government in disaster risk management 13.The County Government shall (a) take such measure as oecessary lor training of officers and employees for purposes of disaster risk management; (b) ensure that resources relating to disaster risk management are So maintained as to be readily available for use in the event of any threatening disaster situation or disaster; -.1 I I 10 Tana River County Disaster Risk Managewlent 2A20 No.6 (c) ensufe that all construction projects under it or r'vithin its\-/ jurisdiction conform to the siandards and specifications laid down in the rtysical Planning Act anc the National Policy for Disaster risk management iot prevention of disasters and mitigation; and (d) carry out relief, rehabilitation and reconstruction activities in the affetted areas in accordance with the Plan' Period of disaster or emergency 14. (1) For the purposes of this Act (a) a disaster or emefgency exists *'hen the Governor deciares' by notice in the Gazello, that disaster of emergencr; eri,<ts. (b) a potential disaster exists when (i)the.GovernordeclaresbynotlceintheGazetteafter recerving advice from the-committee rinder subsection (2) that th#e is a substantial prospect that a disaster shall occur; or (ii)anagency,whetherwithintheCountyorotherw.ise' certiflIed ty the Committee as an accredited disaster notification service under subsection (3), broadcasts or othenvisepublishesaformaldisasterwarningpersonsofa Potential disaster (2) The cornmittee shall advise the Governor on request, and at any time it considers appropriate, the occuffence or likely occurrence of a disaster or emergency. (3)TheCommitteemaycertifyanagenc.JwithintheCounty,which they Lonsider to have a highievel of technical expertise in the prediction of assessment of risk of any kincl of disaster or emergency, as an accredited disaster oi "*.tg.rcy notification service for the purposes of this Act. (4) A certification under subsection (3) may'be general or limited to specified kinds of disaster or emergency' Declaration of period of disaster or emergency 15. (1) Subject to Section 17 the Govemor maY issue a declaration of period tt airuit.r or emergency which would activate with immediate e{Itct, the disaster and emergency fesponse provisions of the Plan in the event ofa disaster. 11 Tana River County Disoster Risk L4anagernent No.6 2020 (2)Immediatelyafterthedeclarationofaperiodofdisasteror "**ffiry, trr" corJ*oi rhu1 "uur". the details of the declaration to be communicated by the most appropnate meafls to the residents of the affected area. (3)Uponthedeclarationofaperiodofdisasteroremergency,the Govemor may issue an order to a plrson to do everything necessary to ;;;; ;.timit toss or ur. and damage to properry cr the environment, including any of the following (a) cause emergency plans to be implemented; (b) utilize any properry c^onsidered ne*ssary to prevent' combat or alleviate the effects of any disaster or emergency; (c)authorizeorrequireanlQualifiedpersonto-renderaidofsuch\-/ typ" * that person may be qualified to provide' (d) control, permit or prohibit travel to or from any area or on any road street or highwaY; (e) cause the evacuatict of person and the removal of livestock and\-/ personal properlry and nTake arrangements for their adequate care and Protection; (0 control or prevent the movement of people-and the removal of livestock fto* any designated area that may have a contaminating disease; (g) authorize the entry into any building or upon any land; (h) cause the demolition or removal of any trees,^structure or crops in order to prevent, combat or alleviate the effects of a disaster or emergency; authorize the procurement and distribution of essential resources and the provision ofessential services; regulate the distribution and availability of essential goods, service and resources, (i) o (k) provide for the restoration of essential facilities, the distribution\ / of essential supplies and the maintenance and co-ordination of emergency medical, social and other essential services; and (i) expand such sums as are necessary to pay expenses caused by the disaster 0r emergency. ril 12 No. 6 Tana Ri"er Cotniy Disaster Risk Nlanagenrcnt Termination of a period of disaster 2024 16. (1) The Governor may terminate a period of disaster or emergency within #t;;;; ia.i,tin.o in the declaration of a disaster or emergency when, * uO'ittLf tnt Committee' the disaster or emergency no longer exists. (2)Uponterminationofaperiodofdisasterolelxergencyreferred toinsubsection(i),theGovernorshall.u,*"thedetailsofthetermination tobecommunicatedbythemostapprop'i,t.mganstotheresidentsofthe affected areas in the CountY' StePs to abate danger he case may be, 17. (1) Where the Committee or the Department' as t identifies pr"*ir,'" iili1" pose danget in the event ol a disaster' tt shal1 (a) certify that, in writing' to the owner or occupant of the propefiy: and qive the o\ er specific instructions as to the steps to lake t" ibute o, remo\re ,h"'l;il;"*-itfrin four weeks of the receipl of(b) the notice. (2) Upon failure to complr' *lth the requirements after notice' the Committeeshalltakethenecessanstepstogileet-|ecttotl.retrottce including entry by its emplovees or t=t':: :-Pil riie premises after due notice tJthe owner or occupant of the premlses (3)Apersonwhoisservedw-ithanoticeunderparagraph(a)and who does not take .ii;h. ;;ps as directed iV tfr" Comniittee in the notice to abate or remove irr. por*ntiul danger;;hi" fou, weeks from the date of receipt of the noti; Jo";;i* t'?*ce and in addition to anv penaltv imposed under ,.*l' ZS 't'utt be made to pay any expenses which the Co'rntnitt*. incurs to abate or remove the danger' (4)AnemployeeoranagentoftheCommitteeexercisingafur-rction under this section ;;,";;"p.r11, identifl, themseives to the occupant or owner of the ,.d;;; ";;";-tiiJ.tr'e'ou11ger was identified' bv the production of their'badg., tug o, othe, ictentlficatlon device provided by the Committee. (5)WheretheCommitteeissatisfiedthatimmediateprocurementol provisions o, *ur*-riulr, ; the immediate application of resources are necessary fo, ,.r#*"i i.ri*i then it *uy urtt orise the cornmittee to pt".r..-if,t. provi sions or materials directly' 13 i l i t 2020 Tana River County Disaster.Risk llanagement No.6 (9) The. procurement under sub section (5) shall becarried out in accordance with the law-srelating to public p.o",ri.*.ri PART IV FINANCIAL PROVISIONS Disaster Risk Management Fund 18. (1) The.County Government shall establish the Disaster Risk Management Fund. (2) The county Disaster Risk Management Fund shalr be financed from the following sources, namely (a) such monies as may be appropriated from ihe county Revenue; (b) such mcnies or assets as may accrue to the Committee in the course of the exercise of its pc\.^,ers or the performance of its functions under this Act. (c) grants made bv the national government or other countv govemments. (d) loans, aid or donations from national or international agencies; and (e) all monies^from any other lawfur source provided. donated or Ient to the Committee. (3) The Fund shall be utilised towards meeting the expenses for emergency preparedness, response. mitigation, risk rJduction,'relief andreconstruction after a disaster in the County. (4) The county Executive committee Member shall appoint an administrator of the Fund in accordance with the p;;;i";; of section i 16(2) of the Public Finance Managernent Act. Expenditure of the Fund 19. (1) All expenses for meeting emergency preparedness, response, mitigation, relief and reconstrucrion rrlithin t[. coffirrruir u. paialrt oi the Fund, upon occuffence ofa disaster. ..!zl For purposes of this Act, the Fund shali be accessible to .ther auxiliary government agencies involved in disaster.irt *unugement, with the approval of the Committee. Allocation of the Fund 2a' (i)Before the commencement of each financial year, thecommittee shall cause to be prepared estimates of the revenue and expenditure for that year. 1+ No. 6 Tctna Ri,-er CounN Disaster Risk llunctgetnent 2O2O (2) The annual estimates shall make provision for all the estimated expenditure of the Committee for the financial )/ear concerned and, in particular, shall provide flor (a) funding of training, research and development of activities of the Committee; (b) funding of education, training and capacity building on disaster risk management in the county; and (c) such other matters as the Committee may consider frt. (3) The annual estimates shall be approved br the Department before the commencement of the financial year to u'hich ther relate and shall be submitted to the county executive committee member responsible for disaster and emergency management for transmission to anc rablinq in the County Assembly. U) Expenditure of the Department shall not be incureC e\.ept in accordance with the annual estimates approved under subsecticl i-r i Accounts and audit 21. (1) The Committee shal1 cause to be kept pr.-,per books and records of account of its income, expenditure. assets and ilabiiities. (2) Within a period of three months after rhe end of each financial year, the Department shall submit to the Auditor-General statements of account of the Committee in respect of that I'ear together with (a) a statement of the income and erpenditure of the Committee during that financialyear; and, (b) a statement of the assets and liabilities of the Committee on the last day ofthat financial year. (3) The annuai accounts of the Department must be prepared, audited and reported upon in accordance *'ith the provisions of Articles 226 and 229of the Constitution and the 1ar.v reiating to public audit. PART V-- OFFE\CES A\D PENALTIES Misappropriation of the Fund and relief materials 22. Any person who is entrusted nrth or is a custodian of the Fund, monies or materials meant for providing relief to disaster victims shall be committing an offence and will be liable to a fine not exceeding {ive hundred thousand shillings or to a term of imprisonment not exceeding two years, or both, if helshe 15 2020 Tana River Coun\t Disaster Risk A,lanageftLent ]r{o. 6 (a) solicits or receives money fraudulently on behalf of disaster victims or activities; (b) uses money meant for disasters activities other than those prescribed under this act, (c) trades or disposes of relief items or materials for disaster victims or interventions; (d) destroys relief items or materials in part or whole; or (e) wilfully compels any other person to do. False statements, claims and alarm 23. (1) A person who (a) knowingly, makes a claim which they know or has reason to believe to be false for obtaining any relief items, material and financial assistance, or other services related to rehabilitation, reconstruction and recovery after a disaster; (b) fornards or presents false claims or other benefits consequent to disaster from any offlcer of the county goveftment; Commits an offence and is liable, on conviction, to a fine not exceeding Kenya shillings one hundred thousand or imprisonment of not more than one year, or to both. (2) A person whc (a) uses print media; (b) electronic media, (c) traditional methods of communication; (d) to spread or circulate a false alarm or warning on a disaster, or its severity or magnitude, leading to panic in parl or whole county other than routine drills commits an offence and is liable to a fine not exceeding one hundred thousand shillings or to a term of imprisonment not exceeding 1 year, or both. 0bstruction 24.A person who obstructs the Committee or any person in the performance of an action authorized by this Act or r.vho contravenes or fails to comply with (a) a provision of this Act or any regulation; or ) I No.6 16 TanaRtverColln|DisasterRisklvlanegelTlen[202Q (b) a direction, order or requirement made pYpy""nt to this Act or \u'' t;;;;;ilionr-Co**its an offence and is liable to (i) in the case of an individual' to a fine not exceeding five hundred tii*tunO shillings or to imprisoument of not more than six months or to both; or (ii)inthecaseofacolporation.toafinenoterceedingKenya shillings flrve million General PenaltY 23.ApersonwhocommitsanoffenceunderthisActforwhichno penalty is prescribed.is liable "1 ::il^"tion to a fine not erceeding one hundredthousandshillingsortolmprlsonmentforaperiodrroterceeding one year, or to both. PART VI MISCELLANEOUS PROVISIONS ImmunitY from liabilitY 26. No action or regal proceedings ma' be brought against any person acting ,nai ti. irifrJtity of ti'is Act' rnclurr'ing an agent' for 'rrytttlrg don-e, or not done, or for an-v negiecl (a)intheperformanceorintendedpert.r:rnlance:ladutr.underthis Act; or (b) in the erercise or intended ererclse urf 3 pg*er under thrs Act' unless the person was actinq in b'ad iai:h (c) Claims for compensation and remuneration 27.(1)Whereb,vreasonofa.disasterrvhichresultsinasubstantial loss of life or frr*un i'fftiing or damage to'. and destruction of property or a large ,.rt. *ig?uri*'"r itr. atTected"people con.sequent to the disaster" the affected peoplJshall be assisted r'r'heie there is loss of life orpropert)' in addition to relief. rehabilitation' or settlement activities' (2)Theamountandexteriiofcompensationshallbedeterminedby the Committee. (3) An application for compensation under this part shall be made to the Departm.rt *iirrir-or. y*u, uft* o..urr"n". of the disaster in the form in which the OepaJm"nt *uy from time to time determine' l7 2020 Tana River Connty Disaster Risk X.4anagement Ntr.6 (4) A11 outstanding claims for damages of previous disaster will cease on the commencement date of this Act. Victims of Disaster 28. The victims of disaster shall utilise all donations, in money or any other forms solely for the pulpose of rehabilitation or recovery. PART VII PROVISIONS ON DELEGATED POWERS Regulations 29.The County Executive Committee Member responsible for special programmes shali, on the recommendation of the Committee, make regulations on (a) emergency planning for the continuity of functions of departments. Cornmittees. corporations and other agencies of the counN. (b) the vestin e of special po\.vers and duties in various departments and agencies of the county for the purposes of emergency planning and the implementation of elrrergenc) management pl ans; (r) the recognition of the professional, trade or other qualifications of persons sent to the county by another jurisdiction under an agreement entered into during a state of emergency; (d) the emergency planning, evaluation, and level of preparedness required of the disaster risk management agencies; (e) emergency planning, evaluation and reporting for non govemmental entities; and (fl the establishment, operation, liability and responsibilities of ground search and rescue organisations. , 18 No. 6 Tana River County Disaster Risk Mrsrngement ZA?fr SCHF,P6rlB f\ectionT) CONI}UCT OF BUSINESS AlqD AT'FAIRS OF THE COMMITTEE Declaration of emergency - 1. Subject to the provisions of this Ast, the Governor may issue a declaration of emergency within the County for the county disaster response mechanisms to take such measures as oecessary to mitigate on the disaster. Tenure of oflice 2. Members of the committee other than ex-aficiomembers shall, subject to the provisions of this schedule, hold office fm a period of five years, and on such terms and conditions as may be speat.a in the instrument of appointment, but shall be eligible for ie-appcrintment for one further term. Yacation of office 3. Any member other than an ex-afficio member may (a) {t any time resign from office by notice in writing to tie Govemor; (b) be removed from office by the Governor oa recofirmeadation of the Committee where the member (i) has been absent from three consecutive rneetings of the Committee 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 hislher functions. Sub-Committeer of the Commiffee !: (1) Where it deems appropriate, the Committee may set up a s$-c-on-rm.iuee of persons from amongst its members for the p..fo.*urr"" of such duties and responsibilities it mty from time to time appoint. I t9 2OZA Tctna River County Disaster Risk Adanagem€nt No. 6 {2) Notwithstanding &e provision of sub section (1) above, the sub committee so constitutgd may where it deems appiopriate; appoint algther person nct being from the committee, but not L*c"*oi.tg'thrle, for effective performance of its duties. (3) The sub-committee shall formulate its own rules for regulation of its functions, but all its decisions shall be subject to ratificatioi'by the Committee.