Samburu County Disaster Management Act, no. 5 of 2015

SAMBURU COUNTY DISASTER MANAGEMENT ACT, 2015 Section 1�Short title. 2-Interpretation. Date of Commencement: 12th August, 2015 Date of Assent: 23rd July, 2015 3-Objects of the Act. ARRANGEMENT OF SECTIONS PART I-PRELIMINARY 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. No.5 of 2015 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 Emergency. I8-Steps to abate danger. SAMBURU COUNTY DISASTER MANAGEMENT ACT, 2015 Section 1�Short title. 2-Interpretation. Date of Commencement: 12th August, 2015 Date of Assent: 23rd July, 2015 3-Objects of the Act. ARRANGEMENT OF SECTIONS PART I-PRELIMINARY 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. No.5 of 2015 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 Emergency. I8-Steps to abate danger. No. 5 19-Establishment of the County Disaster Management Fund. 20� Allocation of funds for disaster management. Samburu County Disaster Management 21-Emergency procurement. 22-0bstruction. 23-False claim PART IV-FINANCIAL PROVISIONS PART V-OFFENCES AND PENALTIES 25-False alarm, 24�Misappropriation of money or materials. 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. 32-Regulations. 31�Direction for communication of warnings. 2015 2015 Short title Samburu County Disaster Management 3 SAMBURU COUNTY DISASTER MANAGEMENT ACT, 2015 AN ACT of the County Assembly of Samburu to provide for a more effective organisation of the mitigation of, preparedness for, response to and recovery from emergencies and disasters ENACTED by the County Assembly of Samburu as follows PART I�PRELIMINARY Interpretation 1. This Act may be cited as the Samburu County the Disaster Management Act, 2015. 2. In this Act, unless the context otherwise requires *affected area" means an area or part of the country affected by a disaster: "Committee" means the Disaster Management Committee established in section 3; "Directorate" means the Directorate of Disaster Management established in section 6; No. 5 "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: (c) capacily-building: (b) mitigation or reduction of risk ot unv disaster or its severitv or consequences; () preparedness to deal with any disaster: (e) prompt respOnse to any threatening disasler situation or disaster: () assessing the severity Or magnitude ot ettevts ot anv disaster: (g) evacuation, reScUe and reliet: (h) rehabilitation and IVOnsruCion: No. 5 19-Establishment of the County Disaster Management Fund. 20� Allocation of funds for disaster management. Samburu County Disaster Management 21-Emergency procurement. 22-0bstruction. 23-False claim PART IV-FINANCIAL PROVISIONS PART V-OFFENCES AND PENALTIES 25-False alarm, 24�Misappropriation of money or materials. 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. 32-Regulations. 31�Direction for communication of warnings. 2015 2015 Short title Samburu County Disaster Management 3 SAMBURU COUNTY DISASTER MANAGEMENT ACT, 2015 AN ACT of the County Assembly of Samburu to provide for a more effective organisation of the mitigation of, preparedness for, response to and recovery from emergencies and disasters ENACTED by the County Assembly of Samburu as follows PART I�PRELIMINARY Interpretation 1. This Act may be cited as the Samburu County the Disaster Management Act, 2015. 2. In this Act, unless the context otherwise requires *affected area" means an area or part of the country affected by a disaster: "Committee" means the Disaster Management Committee established in section 3; "Directorate" means the Directorate of Disaster Management established in section 6; No. 5 "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: (c) capacily-building: (b) mitigation or reduction of risk ot unv disaster or its severitv or consequences; () preparedness to deal with any disaster: (e) prompt respOnse to any threatening disasler situation or disaster: () assessing the severity Or magnitude ot ettevts ot anv disaster: (g) evacuation, reScUe and reliet: (h) rehabilitation and IVOnsruCion: No. 5 4 Samburu County Disaster Management "executive member means the county executive committee member 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: Objects of the Act preparedness means the state of readiness to deal with a threatening disaster situation or disaster and the effects thereof. 2015 3. The obiects 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 of Laikipia 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; (c) vest authority in persons 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: (d) implement mechanisms to reduce risks and hazards that may cause, contribute to or exacerbate disaster or emergency situations in the COunty: and (e) establish the Samburu county disaster management fund. PART II�ESTABLISHMENT AND ADMINISTRATION OF THE DISASTER MANAGEMENT COMMITTEE AND THE DIRECTORATE OF DISASTER MANAGEMENT Establishment and Composition of the Disaster Management Commitiee 4.I) There is established the Disaster Management Committee. (2, The Committee consists of (a) the Governor of the county or a representative appointed in writing by the Governor who shall be the chairperson; (b) the executive imenmber responsible for matters relating t0 disaster management in the county 2015 Sumburu County Disaster Management (c) two persons working in the area of disaster management appointed by the executive member; (d) a person appointed in writing by the Council of the Kenya Red Cross Society: (e) a representative of the private sector appointed in writíng by the chairperson of an association representing the private sector: and (t) a person working in the area of fire and rescue services in the county. (2) The appointment of the Committee members listed in subsection (1)(c), (d), (e) and () shall be done by the executive member. (3) The Director appointed in section 7 shall be the Secretary of the Committee. Functions of the Committee 5. (1) The functions of the Committee are to No. 5 (a) promote an integrated and co-ordinated approach to disaster management in the county, with special emphasis on prevention and mitigation by other role-players involved in disaster management in the county; (b) act as a repository of, and conduit for. information conceming disasters impending disasters and disaster management in the county: (c) act as an advisory and consultative body on issues conceming disasters and disaster management in the county to (1) state organs; (11) the private sector and non-governmental organisaions, and (11) communities and individuals: (d) receive any grants, gifts, donations or endowments for purposes of disaster management in the county and nake disbursements for this purpose there from: (e) initiate and facilitate efforts to make tunding ot divaster management in the county available: (0 may nake recommendations to any relevant ot Staie organ on () draft legislation aftecing this Acl, or manageent issue; and (i) the national disaster managenent ranework CoUNLy: anv other disaster () promote researrh inlo the aspevts ot disaster anagement in the responsible for matters relating to disaster management in the county; No. 5 4 Samburu County Disaster Management "executive member means the county executive committee member 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: Objects of the Act preparedness means the state of readiness to deal with a threatening disaster situation or disaster and the effects thereof. 2015 3. The obiects 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 of Laikipia 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; (c) vest authority in persons 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: (d) implement mechanisms to reduce risks and hazards that may cause, contribute to or exacerbate disaster or emergency situations in the COunty: and (e) establish the Samburu county disaster management fund. PART II�ESTABLISHMENT AND ADMINISTRATION OF THE DISASTER MANAGEMENT COMMITTEE AND THE DIRECTORATE OF DISASTER MANAGEMENT Establishment and Composition of the Disaster Management Commitiee 4.I) There is established the Disaster Management Committee. (2, The Committee consists of (a) the Governor of the county or a representative appointed in writing by the Governor who shall be the chairperson; (b) the executive imenmber responsible for matters relating t0 disaster management in the county 2015 Sumburu County Disaster Management (c) two persons working in the area of disaster management appointed by the executive member; (d) a person appointed in writing by the Council of the Kenya Red Cross Society: (e) a representative of the private sector appointed in writíng by the chairperson of an association representing the private sector: and (t) a person working in the area of fire and rescue services in the county. (2) The appointment of the Committee members listed in subsection (1)(c), (d), (e) and () shall be done by the executive member. (3) The Director appointed in section 7 shall be the Secretary of the Committee. Functions of the Committee 5. (1) The functions of the Committee are to No. 5 (a) promote an integrated and co-ordinated approach to disaster management in the county, with special emphasis on prevention and mitigation by other role-players involved in disaster management in the county; (b) act as a repository of, and conduit for. information conceming disasters impending disasters and disaster management in the county: (c) act as an advisory and consultative body on issues conceming disasters and disaster management in the county to (1) state organs; (11) the private sector and non-governmental organisaions, and (11) communities and individuals: (d) receive any grants, gifts, donations or endowments for purposes of disaster management in the county and nake disbursements for this purpose there from: (e) initiate and facilitate efforts to make tunding ot divaster management in the county available: (0 may nake recommendations to any relevant ot Staie organ on () draft legislation aftecing this Acl, or manageent issue; and (i) the national disaster managenent ranework CoUNLy: anv other disaster () promote researrh inlo the aspevts ot disaster anagement in the responsible for matters relating to disaster management in the county; No. 5 (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 Samburu County Disaster Management (i) exercise any powers and perform any duties delegated and assigned to it under this Act or any other written law. (2) The Committee 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 perfornmance of its duties. Establishment of the Directorate 6 county. There is established the Disaster Management Directorate in the Staff of the Directorate 7. (1) The Directorate shall be headed by a Director who is subject to the direction of the Committee and is responsible to it for the (a) implementation of the decisions of the Committee; (b) day to day management of the affairs of the Directorate: and 2015 (c) organization and management of the employees of the Directorate; (d) any other function that may be assigned by the Committee. (3) The chief executive officer and other staff of the Directorate shall be persons recruited, employed and deployed by the County Public Service Board. Functions of the Directorate 8.(1) The functions of the Directorate are to (a) formulate the county disaster management policy; (b) co-ordinate and monitor the implementation of the National Policy on Disaster Management and the County Disaster Management Plan; (c) examine the vulnerability of different pats 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: 2015 Plan. 7 Samburu County Disaster Management (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 this regard; () promote the recruitment, training and participation of volunteers in disaster management in the county; No.5 ) promote disaster management capacity building. training and education, including in schools, in the county: (k) provide necessary technical assistance or give advice to local officers for carrying out their functions effectively: () advise the county government regarding all financial matters in relation to disaster management: (m)ensure that communication systems are in order and disaster management drills are being carried out regularly: and (n) perform such other functions as may be assigned to it by the Committee or any other written law. County Disaster Management Plan 9. (1) The Directorate shall prepare the County Disaster Management (2) The Plan includes 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 speciied in section (b), (c) and (d); and () the roles and responsibilities of different departments of the county government in responding to any threatening disaster situation or disaster. (3) The Plan shall be reviewed and updaled annually. Implementation of Plan No. 5 (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 Samburu County Disaster Management (i) exercise any powers and perform any duties delegated and assigned to it under this Act or any other written law. (2) The Committee 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 perfornmance of its duties. Establishment of the Directorate 6 county. There is established the Disaster Management Directorate in the Staff of the Directorate 7. (1) The Directorate shall be headed by a Director who is subject to the direction of the Committee and is responsible to it for the (a) implementation of the decisions of the Committee; (b) day to day management of the affairs of the Directorate: and 2015 (c) organization and management of the employees of the Directorate; (d) any other function that may be assigned by the Committee. (3) The chief executive officer and other staff of the Directorate shall be persons recruited, employed and deployed by the County Public Service Board. Functions of the Directorate 8.(1) The functions of the Directorate are to (a) formulate the county disaster management policy; (b) co-ordinate and monitor the implementation of the National Policy on Disaster Management and the County Disaster Management Plan; (c) examine the vulnerability of different pats 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: 2015 Plan. 7 Samburu County Disaster Management (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 this regard; () promote the recruitment, training and participation of volunteers in disaster management in the county; No.5 ) promote disaster management capacity building. training and education, including in schools, in the county: (k) provide necessary technical assistance or give advice to local officers for carrying out their functions effectively: () advise the county government regarding all financial matters in relation to disaster management: (m)ensure that communication systems are in order and disaster management drills are being carried out regularly: and (n) perform such other functions as may be assigned to it by the Committee or any other written law. County Disaster Management Plan 9. (1) The Directorate shall prepare the County Disaster Management (2) The Plan includes 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 speciied in section (b), (c) and (d); and () the roles and responsibilities of different departments of the county government in responding to any threatening disaster situation or disaster. (3) The Plan shall be reviewed and updaled annually. Implementation of Plan No.S Samburu Conn lDisaster Management 10. When an emergency exists or is imminent or a disaster has occurred or is imminent, the Directorate or other persons designated in the Plan may cause the plan to be implemented. PART III�MEASURES BY THE COUNTY GOVERNMENT FOR DISASTER MANAGEMENT County Government to take Measures 2015 11. (1) Subiect to the proVisions of this Act, the county government may take all such measures as it considers necessary or expedient for the purpose of disaster management. (2) W ithout 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, namely (a) co-ordination of actions of the departments and divisions of the county government, county govemmental 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. Period of Emergency 12. (1) For the purposes of this Act (2) a disaster exists when the Governor declares, by Notice, that an emergency exists after receiving advice from the Committee that a disaster has occurred: (b) a threatened 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 (i) 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 2015 Samburu County Disaster Management 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 thc Directorate considers 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 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. Declaration of Disaster No. 5 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. Communication of Declaration 14. Immediately after the declaration of a state of emergency. the Governor shall cause the details of the declaration to be communicated by the most appropriate means to the residents of the affected area. Duration of Declaration 15. A declaration under section 12 is valid for a period of l4 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. Emergency Powers 16. Upon the declaration of, and during a state of emergeney, 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 tollow ing 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 recquire any qualitied person to render aid oe such type as that person may be qualitied o provide: (d) control, pemit or prohibit raIvel to or trom any area Or on any road, street or highway: No.S Samburu Conn lDisaster Management 10. When an emergency exists or is imminent or a disaster has occurred or is imminent, the Directorate or other persons designated in the Plan may cause the plan to be implemented. PART III�MEASURES BY THE COUNTY GOVERNMENT FOR DISASTER MANAGEMENT County Government to take Measures 2015 11. (1) Subiect to the proVisions of this Act, the county government may take all such measures as it considers necessary or expedient for the purpose of disaster management. (2) W ithout 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, namely (a) co-ordination of actions of the departments and divisions of the county government, county govemmental 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. Period of Emergency 12. (1) For the purposes of this Act (2) a disaster exists when the Governor declares, by Notice, that an emergency exists after receiving advice from the Committee that a disaster has occurred: (b) a threatened 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 (i) 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 2015 Samburu County Disaster Management 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 thc Directorate considers 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 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. Declaration of Disaster No. 5 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. Communication of Declaration 14. Immediately after the declaration of a state of emergency. the Governor shall cause the details of the declaration to be communicated by the most appropriate means to the residents of the affected area. Duration of Declaration 15. A declaration under section 12 is valid for a period of l4 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. Emergency Powers 16. Upon the declaration of, and during a state of emergeney, 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 tollow ing 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 recquire any qualitied person to render aid oe such type as that person may be qualitied o provide: (d) control, pemit or prohibit raIvel to or trom any area Or on any road, street or highway: No. 5 10 Samburu Countv Disaster Management areas. (e) cause the evacuation of persons and the removal of livestock and personal property and make arrangenments for their adequate care and protection: warTant: () control or prevent the movement of people and the removal of livestock from any designated area that may have a contaminating disease: 2015 (g) authorize the entry into any building, or upon any land without (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; () regulate the distribution and availability of essential goods, services and resources: (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 Termination of a State of Emergency (1) expend such sums as are necessary to pay expenses caused by the emergency. 17.(1) The Governor may terminate a state of emergency with respect to the county identified in the declaration of a state of emergency when, in the opinion of the Governor, the emergency no longer exists. (2) Upon termination of a state of emergency 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 Steps to Abate Danger (1) Where the Directorate identifies premises as likely to pose a danger in the event of a disaster. it shall (i) certify that, in writing, to the owner or occupant of the property; and (ii) 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 2015 Samburu County Disaster Management 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 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. No. 5 PART IV-FINANCIAL PROVISIONS Establishment of the County Disaster Management Fund 19. The county government shall establish the County Disaster Management Fund which shall be administered, on behalf of the Directorate, by the county executive member for finance as per the public Finance management Act. (2) The County Disaster Management Fund shall be financed from the following sources, namely and (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 or lent to the Directorate. (3) The County Disaster Management Fund shall be used towards meeting the expenses for emergency preparedness, response, mitigation, relief and reconstruction in the county after a disaster. (4) The county executive member for finance shall administer the County Disaster Management Fund subject to the provisions of all lawS and regulations relating to public financial management. Allocation of Funds for Disaster Management No. 5 10 Samburu Countv Disaster Management areas. (e) cause the evacuation of persons and the removal of livestock and personal property and make arrangenments for their adequate care and protection: warTant: () control or prevent the movement of people and the removal of livestock from any designated area that may have a contaminating disease: 2015 (g) authorize the entry into any building, or upon any land without (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; () regulate the distribution and availability of essential goods, services and resources: (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 Termination of a State of Emergency (1) expend such sums as are necessary to pay expenses caused by the emergency. 17.(1) The Governor may terminate a state of emergency with respect to the county identified in the declaration of a state of emergency when, in the opinion of the Governor, the emergency no longer exists. (2) Upon termination of a state of emergency 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 Steps to Abate Danger (1) Where the Directorate identifies premises as likely to pose a danger in the event of a disaster. it shall (i) certify that, in writing, to the owner or occupant of the property; and (ii) 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 2015 Samburu County Disaster Management 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 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. No. 5 PART IV-FINANCIAL PROVISIONS Establishment of the County Disaster Management Fund 19. The county government shall establish the County Disaster Management Fund which shall be administered, on behalf of the Directorate, by the county executive member for finance as per the public Finance management Act. (2) The County Disaster Management Fund shall be financed from the following sources, namely and (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 or lent to the Directorate. (3) The County Disaster Management Fund shall be used towards meeting the expenses for emergency preparedness, response, mitigation, relief and reconstruction in the county after a disaster. (4) The county executive member for finance shall administer the County Disaster Management Fund subject to the provisions of all lawS and regulations relating to public financial management. Allocation of Funds for Disaster Management No.5 Emergency Procurement 12 Samburu Countv Disaster Management 20. The county govemment shall, in their annual budgets, make provisions for funds for the puposes of carrying out the activities and programmes set out in its Plan. 21. (1) W here, by reason of any impending disaster, the Committee is satisfied that immediate procurement of provisions or materials or the immediate application of resources are nccessary for rescuc or relief, the concerned department or authority may use direct procurement. Obstruction (2) The direct procurement referred to in subsection (1) must comply with the laws relating to public procurement. PART V-OFFENCES AND PENALTIES 2015 22. 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 and is liable on conviction to False Claim () 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 (ii) in the case of a corporation, to a fine not exceeding five million shillings. 23. Whoever 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. Misappropriation of Money or Materials 24. Whoe ver, being entrusted with any money or materials, or otherwise being in custody of money or goods mneant for providing relief in a threatening disaster or 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 thousand shilings or imprisonment of not more than two years. or to both. 2015 False Alarm 13 Samburu County Disaster Management General Penalty 25. Whoever makes or circulates a false alarm or 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. No. 5 26. A person who commits an offence under this Act 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 Power to Requisition Resources for Rescue Operations 27. (1) Where it appears to the Directorate that (a) any resources with the county government or any authority or person, are needed for the purpose of a prompt response; or (b) any building or building materials or land or premises to demolish any building or other structure, 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 trom 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 urther orders as may appear to it to be necessary or expedient in this connection. (2) The owners of premises, resources or vehicles affected bv orders issued under paragraphs (b), (c), and (d) in subsection 1, shall be enitled to claim reasonable compensation as admissible under any law tor the time being in force. (3) Where a person is aggrieved bv the amount ot compensation awarded under subsection (2), the person may within thirty days appeal to the Resident Magistrates Court. No.5 Emergency Procurement 12 Samburu Countv Disaster Management 20. The county govemment shall, in their annual budgets, make provisions for funds for the puposes of carrying out the activities and programmes set out in its Plan. 21. (1) W here, by reason of any impending disaster, the Committee is satisfied that immediate procurement of provisions or materials or the immediate application of resources are nccessary for rescuc or relief, the concerned department or authority may use direct procurement. Obstruction (2) The direct procurement referred to in subsection (1) must comply with the laws relating to public procurement. PART V-OFFENCES AND PENALTIES 2015 22. 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 and is liable on conviction to False Claim () 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 (ii) in the case of a corporation, to a fine not exceeding five million shillings. 23. Whoever 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. Misappropriation of Money or Materials 24. Whoe ver, being entrusted with any money or materials, or otherwise being in custody of money or goods mneant for providing relief in a threatening disaster or 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 thousand shilings or imprisonment of not more than two years. or to both. 2015 False Alarm 13 Samburu County Disaster Management General Penalty 25. Whoever makes or circulates a false alarm or 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. No. 5 26. A person who commits an offence under this Act 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 Power to Requisition Resources for Rescue Operations 27. (1) Where it appears to the Directorate that (a) any resources with the county government or any authority or person, are needed for the purpose of a prompt response; or (b) any building or building materials or land or premises to demolish any building or other structure, 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 trom 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 urther orders as may appear to it to be necessary or expedient in this connection. (2) The owners of premises, resources or vehicles affected bv orders issued under paragraphs (b), (c), and (d) in subsection 1, shall be enitled to claim reasonable compensation as admissible under any law tor the time being in force. (3) Where a person is aggrieved bv the amount ot compensation awarded under subsection (2), the person may within thirty days appeal to the Resident Magistrates Court. No. 5 Compensation Samburu Couniv Disaster Management 14 28. (1) Where by reason of a disaster which results in a substantial loss of life or human suftering 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 gOvemment. Protection from Personal Liability 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; (b) in the exercise or intended exercise of a power under this Act; unless the person was acting in bad faith. Entry upon Property 2015 30. A person. in the course of implementing an emergency management plan purs uant to this Act or the regulations may, at any time, enter any property Direction for Communication of Warnings Regulations 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 may make regulations on (a) emergency planning for the continuity of functions of departments, boards. commissions, corporations and other agencies of the county; (b) the vesting of special powers and duties in various departments and agencies of the county for the purp0ses 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 emerpency or state of local emnergency; 2015 Samburu County Disaster Management No. 5 (d) the emergency planning, evaluation, and level of preparedness required of counties; (e) emergency planning, evaluation and reporting for non-governmental entities; () prescribing the forms to be used for a declaration of a state of emergency and renewals and termination of the same: (g) the establishment, operation, liability and responsibilities of ground search and rescue organizations; (h) prescribing renewal periods for states of emergency:; and (i) any matter that the executive member considers necessary for the administration of this Act. No. 5 Compensation Samburu Couniv Disaster Management 14 28. (1) Where by reason of a disaster which results in a substantial loss of life or human suftering 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 gOvemment. Protection from Personal Liability 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; (b) in the exercise or intended exercise of a power under this Act; unless the person was acting in bad faith. Entry upon Property 2015 30. A person. in the course of implementing an emergency management plan purs uant to this Act or the regulations may, at any time, enter any property Direction for Communication of Warnings Regulations 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 may make regulations on (a) emergency planning for the continuity of functions of departments, boards. commissions, corporations and other agencies of the county; (b) the vesting of special powers and duties in various departments and agencies of the county for the purp0ses 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 emerpency or state of local emnergency; 2015 Samburu County Disaster Management No. 5 (d) the emergency planning, evaluation, and level of preparedness required of counties; (e) emergency planning, evaluation and reporting for non-governmental entities; () prescribing the forms to be used for a declaration of a state of emergency and renewals and termination of the same: (g) the establishment, operation, liability and responsibilities of ground search and rescue organizations; (h) prescribing renewal periods for states of emergency:; and (i) any matter that the executive member considers necessary for the administration of this Act.