Wajir County Disaster Management Act, no. 1 of 2014

OX&• " P X13 i-\\6 \TAT' ) SPECIAL ISSUE tip Wajir County Gazette Supplement No. 9 (Acts No. I )'- ' 1 :51\- - ; REPUBLIC OF KENYA WAJIR COUNTY GAZETTE SUPPLEMENT ACTS, 2014 NAIROBI, 27th June, 2014 CONTENT Act — PAGE The Wajir County Disaster Management Act, 2014 1 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI THE WAJIR COUNTY DISASTER MANAGEMENT ACT, 2014 No. 1 of 2014 Date of Assent: 24th June, 2014 Date of Commencement: 1st July, 2014 ARRANGEMENT OF SECTIONS Section PART I—PRELIMINARY 1—Short title. 2—Interpretation. 3—Objects of the Act. PART II—ESTABLISHMENT AND ADMINISTRATION OF THE DISASTER MANAGEMENT COMMITTEE AND THE DIRECTORATE OF DISASTER MANAGEMENT 4—Establishment and composition of the Disaster Management Committee. 5—Functions of the Department. 6—Establishment of the Directorate. 7—Staff of the Directorate. 8—Functions of the Directorate. 9—County Disaster Management Plan. 10—Implementation of Plan. PART III—MEASURES BY THE COUNTY GOVERNMENT FOR DISASTER MANAGEMENT 11—County government to take measures. 12—Period of emergency. 13—Declaration of disaster. 14—Communication of declaration. 15—Duration of declaration. 16—Emergency powers. 17—Termination of a state of crisis. 18—Steps to abate danger. 2 No. 1 Wajir County Disaster Management 2014 PART IV—FINANCIAL PROVISIONS 19—Establishment of the County Disaster Management Fund. 20—Allocation of funds for disaster management. 21—Emergency procurement. PART V—OFFENCES AND PENALTIES 22—Obstruction. 23—False claim. 24—Misappropriation of money or materials. 25—False alarm. 26—General penalty. PART VI—MISCELLANEOUS PROVISIONS 27—Power to requisition resources for rescue operations. 28—Compensation. 29—Protection from liability. 30—Entry upon property. 31—Direction for communication of warnings. 32—Regulations. 3 2014 Wajir County Disaster Management No. 1 THE WAJIR COUNTY DISASTER MANAGEMENT ACT, 2014 AN ACT of the County Assembly of Wajir to provide for a more effective organization of the mitigation, preparedness, response and recovery from emergencies and disasters and for connected purposes ENACTED by the County Assembly of Wajir as follows— PART 1 – PRELIMINARY 1. This Act may be cited as the Wajir County Disaster Short title Management Act, 2014. 2. In this Act, unless the context otherwise requires — Interpretation "affected area" means an area or part of the country affected by a disaster; "Committee" means the Disaster Management Committee established under section 4; "Directorate" means the Directorate of Disaster Management established under section 6; "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 loss of life or human suffering or damage to, and destruction of, property, or damage to, or degradation of, environment, and is of such a nature or magnitude as to be beyond the coping capacity of the community of the affected area; "disaster management" means a continuous and integrated process of planning, organising, coordinating and implementing measures which are necessary or expedient for — (a) prevention of danger or threat of any disaster; (b) mitigation or reduction of risk of any disaster or its severity or consequences; (c) capacity-building; 4 No. 1 Wajir County Disaster Management 2014 (d) preparedness to deal with any disaster; (e) prompt response to any threatening disaster situation or disaster; (f) assessing the severity or magnitude of effects of any disaster; (g) evacuation, rescue and relief; (h) rehabilitation and reconstruction; "executive member" means the county executive committee member responsible for matters relating to disaster management in the county; "mitigation" means measures aimed at reducing the risk, impact or effects of a disaster or threatening disaster situation; "Plan" means the County Disaster Management Plan prepared under section 10; "preparedness" means the state of readiness to deal with a threatening disaster situation or disaster and the effects thereof. Objects of the Act 3. The objects of this Act are to— (a) establish an efficient structure for the management of disasters and emergencies; (b) enhance the capacity of the county government to effectively manage the impacts of disasters and emergencies; (c) take all necessary action to prevent or minimise threats to life, health and the environment from natural disasters and other emergencies; ti!`, rest authority in person-, to act during times of disaster and emergency in accordance with this Act, and to require the observance and implementation of directives given and initiatives taken by persons authorised under this Act; and (c) implement mechanisms to reduce risks and hazards that may cause, contribute to or exacerbate disaster or emergency situations in the county. 5 2014 Wajir County Disaster Management PART II—ESTABLISHMENT AND ADMINISTRATION OF THE DISASTER MANAGEMENT COMMITTEE AND THE DIRECTORATE OF DISASTER MANAGEMENT 4. (1) There is hereby established a committee to be known as the Disaster Management Committee. (2) The Committee shall consist of— (a) The Governor of the county or a representative appointed in writing by the Governor, who shall be the chairperson; (b) The Deputy Governor; (c) The County Secretary; (d) The County Commissioner; (e) The Chairperson of the NGO consortium; (f) The Head of the Disaster Management Directorate in the County; (g) The Head of the National Drought Management Authority in the County; (h) The executive member responsible for matters relating to disaster management in the county; and (i) a representative of the private sector appointed in writing by the chairperson of an association representing the private sector; (2) The chief executive officer appointed in section 7 shall be the Secretary of the Committee. 5. (1) The functions of the Committee shall be to— (a) Promote an integrated and co-ordinated approach to disaster management in the county, with special emphasis on prevention and mitigation by stakeholders involved in disaster management in the county; (b) act as a repository of, and conduit for, information concerning disasters impending disasters and disaster management in the county; (c) act as an advisory and consultative body on issues concerning disasters and disaster management in the county to— No. 1 Establishment and Membership of the Disaster Management Committee Functions of the Committee 6 No. 1 Wajir County Disaster Management 2014 (i) state organs; (ii) the private sector and non-governmental organisations; and (iii) communities and individuals; (d) receive any grants, gifts, donations or endowments for purposes of disaster management in the county and make disbursements for this purpose there from; (e) initiate and facilitate efforts to make funding of disaster management in the county available; (f) make recommendations to any relevant State organ on — (i) draft legislation affecting this Act, or any other disaster management issue; and (ii) the national disaster management framework; (g) promote research into the aspects of disaster management in the county; (h) give advice and guidance by disseminating information regarding disaster management in the county, especially to communities in the county that are vulnerable to disasters; and (i) exercise any powers and perform any duties delegated and assigned to it under this Act or any other written law (2) The Commit may engage in any lawful activity in the county, whether alone or together with any other organisation aimed at promoting the proper exercise of its powers or performance of its duties. 6. There is established the Disaster Management Directorate in the county. 7. (1) The Directorate shall be headed by a chief executive officer who shall be subject to the direction of the Committee and shall be responsible for the — (a) Implementation of the decisions of the Committee; (b)Day to day management of the affairs of the Directorate; (c) Organization and management of the employees of the Directorate; and Establishment of the Directorate Staff of the Directorate 7 2014 Wajir County Disaster Management No. 1 (d) Any other function that may be assigned by the Committee. (2) The chief executive officer and other staff of the Directorate shall be persons recruited, employed and deployed by the County Public Service Board. 8. (1) The functions of the Directorate shall be to — (a) Formulate the county disaster management policy; (b) Coordinate and monitor the implementation of the National Policy on Disaster Management and the County Disaster Management Plan; (c) Examine the vulnerability of different parts of the county to different disasters and specify prevention or mitigation measures; (d) lay down guidelines to be followed for preparation of disaster management plans by the county departments; (e) evaluate preparedness at all governmental or non governmental levels in the county to respond to disaster and to enhance preparedness; (f) co-ordinate response in the event of disaster; (g) give directions to any county department or authority regarding actions to be taken in response to disaster; (h) promote general education, awareness and community training in disaster management; (j) promote the recruitment, training and participation of volunteers in disaster management in the county; (k) promote disaster management capacity building, training and education within the county; (i) provide necessary technical assistance or give advice to county officers for carrying out their functions effectively; (j) advise the county government regarding all financial matters in relation to disaster management; (k) ensure that communication systems are in order and disaster management drills are being carried out regularly; and Functions of the Directorate 8 No. 1 Wajir County Disaster Management 2014 (1) perform such other functions as may be assigned to it by the Committee or any other written law. 9. (1) The Directorate shall prepare the County Disaster Management Plan. (2) The Plan shall include information on — (a) the vulnerability of different parts of the county to different forms of disasters; (b) the measures to be adopted for prevention and mitigation of disasters; (c) the manner in which the mitigation measures shall be integrated with the development plans and projects; (d) the capacity building and preparedness measures to be taken; (e) the roles and responsibilities of each department of the county government in relation to the measures specified in sub-section 2, paragraphs (b), (c) and (d); and (f) the roles and responsibilities of different departments of the county government in responding to any looming disaster or actual disaster. (3) The Plan shall be reviewed and updated annually. 10. When an emergency or a disaster has occurred or is imminent, the Directorate or other persons as may be designated in the Plan, may cause the plan to be implemented. PART III—MEASURES BY THE COUNTY GOVERNMENT FOR DISASTER MANAGEMENT 11.( 1 ) Subject to the provisions of this Act, the county government may take measures as it considers necessary or expedient for the purpose of disaster management. (2) Without prejudice to the generality of subsection (1), the measures which the county government may take includes measures with respect to all or any of the following matters— Implementation of Plan County government to take measures County Disaster Management Plan 0 2014 Wajir County Disaster Management (a) co-ordination of actions of the departments and divisions of the county government, county governmental and non-governmental organizations in relation to disaster management; (b) co-operation and assistance to any other person, as requested by them or otherwise considered appropriate by it; (c) establishment of institutions for research, training and developmental programmes in the field of disaster management; and (d) such other matters as it considers necessary or expedient for the purpose of securing effective implementation of the provisions of this Act. (3) The county government may extend such support to other counties affected by a major disaster as it may consider appropriate with the approval of the County Assembly. 12. (1) For the purposes of this Act — (a) a disaster exists when the Governor declares, by Notice, that an emergency exists after receiving advice from the Committee with the approval of the County Assembly that a disaster has occurred; (b) a looming disaster exists when (i) the Governor declares by Notice, after receiving advice from the Committee under subsection (2) that there is a substantial prospect that a disaster shall occur; or (ii) an agency, whether within the county or otherwise, certified by the Directorate as an Accredited Disaster Notification Service under subsection (3), broadcasts or otherwise publishes a formal announcement warning persons of the threat of the striking of a disaster. (2) The Directorate shall advise the Committee on request, and at any time as the Directorate may consider appropriate, of the occurrence of, or of the likely occurrence of a disaster. (3) The Directorate may certify an agency, within the county, which they consider to have a high level of No. 1 Period of disaster 10 No. 1 Wajir County Disaster Management technical expertise in the prediction or assessment of risk of any kind of disaster, as an Accredited Disaster Notification Service for the purposes of this Act. (4) A certification under subsection (3) may be general or limited to specified kinds of disaster. 13. Subject to section 10, the Governor may issue a declaration of disaster, which would activate with immediate effect the disaster response provisions of the Plan in the event of a disaster. 14. After the declaration of a state of disaster, the Governor shall cause the details of the declaration to be communicated by the most appropriate means to the residents of the affected area. 15. A declaration under section 12 is valid for a period of 14 days from the date of the declaration. (2) Despite subsection (1), the Governor may, if necessary, extend the duration of the declaration for further periods of 14 days each. 16. Upon the declaration of, and during a state of disaster, the Governor may, in respect of the county, issue an order to a person to do everything necessary to prevent or limit loss of life and damage to property or the environment, including any one or more of the following things — (a) cause emergency plans to be implemented; (b) utilize any property considered necessary to prevent, combat or alleviate the effects of any emergency or disaster; (c) authorize or require any qualified person to render aid of such type as 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 evacuation of persons and the removal of livestock and personal property and make anangentents for their adequate care and protection; (f) control or prevent the movement of people and the removal of livestock from any designated area that may have an infectious disease; 2014 Declaration of disaster Communication of declaration Duration of declaration Emergency powers 11 2014 Wajir County Disaster Management (g) authorize the entry into any building, or upon any land without warrant; (h) cause the demolition or removal of any trees, structure or crops in order to prevent, combat or alleviate the effects of an emergency or a disaster; (i) authorize the procurement and distribution of essential resources and the provision of essential services; (j) regulate the distribution and availability of essential goods, services and resources; (k) provide for the restoration of essential facilities, distribution of essential supplies and the maintenance and co-ordination of emergency medical, social and other essential services; and (1) expend such sums as are necessary to pay expenses incurred by the management of the emergency situation. 17. (1) The Governor may terminate a state of crisis with respect to the county identified in the declaration of a state of crisis when, in the opinion of the Governor, the emergency no longer exists. (2) Upon termination of a state of crisis referred to in subsection (1), the Governor shall cause the details of the termination to be communicated, by the most appropriate means, to the residents of the affected areas. 18. (1) Where the Directorate identifies premises as likely to pose a danger in the event of a disaster, it shall — (a) certify that, in writing, to the owner or occupant of the property; and (b) give the owner specific instructions as to the steps to take to abate or remove the danger within four weeks of the receipt of the notice. (2) Upon failure to comply with the requirements after notice, the Directorate shall take the necessary steps to give effect to the notice including entry by its employees or agents upon the premises after due notice to the owner or occupant of the premises. (3) A person who is served with a notice under subsection (1) and who does not take all the steps as No. 1 Termination of a state of crisis Steps to abate danger 12 No. 1 Wajir County Disaster Management directed by the Directorate in the notice to abate or remove the potential danger within four weeks from the date of receipt of the notice, commits an offence and in addition to any penalty imposed under section 25 shall be made to pay any expenses which the Directorate incurs to abate or remove the danger. (4) An employee or an agent of the Directorate exercising a function under this section must properly identify themselves to the occupant or owner of the property on which the danger was identified, by the production of their badge, tag or other identification device provided by the Directorate. PART IV—FINANCIAL PROVISIONS 19. The county government shall establish the County Disaster Management Fund, which shall be administered on behalf of the Directorate, by the chief executive officer. (2) The County Disaster Management Fund shall be financed from the following sources, namely — (a) 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; (b) grants made by the national government or other county governments; (c) loans, aid or donations from national or international agencies; and (d) all monies from any other source provided or donated to the Directorate. (3) The County Disaster Management Fund shall be used to meet the expenses for emergency preparedness, response, mitigation, relief and reconstruction in the county after a disaster. (4) The chief executive officer shall administer the County Disaster Management Fund subject to the provisions of all laws and regulations relating to public financial management. 20. The county government shall, in the annual budget, make provision for funds for the purposes of carrying out the activities and programmes set out in its 2014 Establishment of the County Disaster Management Fund Allocation of funds for disaster management 13 2014 Wajir County Disaster Management No. 1 Plan. Emergency procurement Obstruction False claim Misappropriation of money or materials 21. (1) Where, by reason of any looming disaster, the Committee is satisfied that immediate procurement of provisions or materials or the immediate application of resources are necessary for rescue or relief, the concerned department or authority may use direct procurement. (2) The direct procurement referred to in subsection (1) must comply with the laws relating to public procurement. PART V — OFFENCES AND PENALTIES 22. (1)A person who obstructs the Directorate or any person in the performance of an action authorized by this Act or who contravenes or fails to comply with — (a) a provision of this Act or any regulation; or (b) a direction, order or requirement made pursuant to this Act or the regulations, commits an offence. (2) A person who commits an offence under this Act is liable on conviction to (a) in the case of an individual, to a fine not exceeding five hundred thousand shillings or to imprisonment of not more than six months or to both; or (b) in the case of a corporation, to a fine not exceeding five million shillings. 23. A person who knowingly makes a claim which they know or has reason to believe to be false for obtaining any relief, assistance, repair, reconstruction or other benefits consequent to disaster from any officer of the county government is liable, on conviction, to a fine not exceeding one hundred thousand shillings or imprisonment of not more than one year, or to both. 24. A person entrusted with any money or materials, or otherwise being in custody of money or goods meant for providing relief in a looming disaster or actual disaster, misappropriates or disposes of such money or materials or any part or wilfully compels any other person to do so, is liable on conviction, to a fine not exceeding five hundred 14 No. 1 Wajir County Disaster Management 2014 thousand shillings or imprisonment of not more than two years, or to both. 25. A person who makes or circulates a false alarm or False alarm warning as to disaster or its severity or magnitude, leading to panic is liable, on conviction, to a fine not exceeding one hundred thousand shillings or imprisonment of not more than one year, or to both. 26. A person who commits an offence under this Act General penalty for which no penalty is prescribed is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a period not exceeding one year, or to both. PART VI—MISCELLANEOUS PROVISIONS 27. (1) Where it appears to the Directorate that — (a) any resources of the county government or any authority or person, are needed for the purpose of a prompt response; or (b) any building, building materials, land or premises as the case may be, is needed or likely to be needed for the purpose of rescue operations; or (c) any vehicle including bulldozers, tractors, motor vehicles, carts, carriages, boats and other means of transport by air, land or water is needed or is likely to be needed for the purposes of transport of resources from disaster affected areas or transport of resources to the affected area or transport in connection with rescue, rehabilitation or reconstruction; or (d) directions are required to be issued to any person to abstain from a certain act or to take certain order with regard to certain property in their possession or under their management; the Directorate may, by order in writing, requisition such resources or premises or vehicle, as the case may be, and may make such further orders as may appear to it to be necessary or expedient in this connection. (2) The owners of premises, resources or vehicles affected by orders issued under paragraphs (b), (c), and (d) of subsection 1, shall be entitled to claim reasonable Power to requisition resources for rescue operations 15 2014 Wajir County Disaster Management compensation as admissible under any law for the time being in force. (3) Where a person is aggrieved by the amount of compensation awarded under subsection (2), the person may within thirty days appeal to the Resident Magistrates Court. 28. (1) Where by reason of a disaster which results in a substantial loss of life or human suffering or damage to, and destruction of property or a large scale migration of the affected people consequent to the disaster, the affected people shall be compensated for the loss of life or property, in addition to relief, rehabilitation, or settlement activities. (2) The amount of compensation shall be determined by the county government. 29. No action or proceeding may be brought against any person acting under the authority of this Act, including an agent, for anything done, or not done, or for any neglect — (a) in the performance or intended performance of a duty under this Act; or (b) in the exercise or intended exercise of a power under this Act; unless the person was acting in bad faith. 30. A person, in the course of implementing an emergency management plan pursuant to this Act or the regulations may, at any time, enter any property. 31. The Directorate, with authorization from the Committee, may give direction to any authority or person in control of any audio or audio-visual media or such other means of communication as may be available to carry any warning or advisories regarding any threatening disaster situation or disaster, and the said media or means of communication must comply with such direction. 32. The executive member for the time being responsible for disaster matters may with the approval of the county assembly make regulations on — (a) emergency planning for the continuity of functions of departments, boards, commissions, corporations and other agencies of the county; No. 1 Compensation Protection from personal liability Entry upon property Direction for communication of warnings Regulations l6 No. 1 Wajir County Disaster Management 2014 (b) the vesting of special powers and duties in various departments and agencies of the county for the purposes of emergency planning and the implementation of emergency management plans; (c) 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 crisis or state of local emergency; (d) the emergency planning, evaluation, and level of preparedness required of counties; (e) emergency planning, evaluation and reporting for non-governmental entities; (f) the prescribed forms to be used for a declaration of a state of crisis and renewals and termination of the same; (g) the establishment, operation, liability and responsibilities of giouad search and rescue organizations; and (m) any matter that the executive member considers necessary for the administration of this Act.