National Disaster Risk Management Act

SPECIAL ISSUE
Kenya Gazette Supplement No. 131 (Acts No. 16)
REPUBLIC OF KENYA
–––––––
KENYA GAZETTE SUPPLEMENT
ACTS, 2026
NAIROBI, 2nd June, 2026
CONTENT
Act—
PAGE
The National Disaster Risk Management Act, 2026 ......................................... 297
PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI

297
THE NATIONAL DISASTER RISK MANAGEMENT
ACT, 2026
No. 16 of 2026
Date of Assent: 29th May, 2026
Date of Commencement: 16th June, 2026
ARRANGEMENT OF SECTIONS
Section
PART I— PRELIMINARY
1—Short title.
2—Interpretation.
3—Objects of the Act.
4—Guiding principles.
PART II — ESTABLISHMENT OF THE
INSTITUTIONAL FRAMEWORK ON DISASTER
RISK MANAGEMENT
5—National Disaster Risk Management Authority.
6—Headquarters.
7—Functions of the Authority.
8—Powers of the Authority.
9—Composition of the Board.
10—Qualification of the chairperson of the Board.
11—Vacation of office.
12—Removal from office.
13—Functions of the Board.
14—Powers of the Board.
15—Committees of the Board.
16—Delegation by the Board.
17—Conduct of business and affairs of the Board.
18—Remuneration of the Board and staff of the
Authority.

es of the Board.
16—Delegation by the Board.
17—Conduct of business and affairs of the Board.
18—Remuneration of the Board and staff of the
Authority.

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19—Appointment of Corporation Secretary.
20—Director-General.
21—Qualification of Director-General.
22—Removal of Director-General.
23—Vacation of office of the Director General.
24—Staff of the Authority.
25—Common Seal of the Authority.
26— Protection from personal liability.
PART III—CLASSIFICATION OF DISASTER,
PLANS AND ELECTRONIC INFORMATION
SYSTEMS
27—Electronic information system.
28—Disaster risk management plans.
29—Classification of disasters.
30—Declaration of National State of Disaster.
PART IV—COUNTY DISASTER RISK
MANAGEMENT COMMITTEES
31—Establishment of County Disaster Risk
Management Committees.
32—Functions of a County Committee.
33—Powers of a County Committee.
34—Vacation of office of a County Committee Member.
35—Conduct of business and affairs of a County
Committee.
36—Establishment of County Disaster Risk
Management Centre.
37—Procedure during disaster events.
38—Annual report to county assembly.
39—Guidelines by County Committee.
40—Disaster Risk Management Volunteers.

.
37—Procedure during disaster events.
38—Annual report to county assembly.
39—Guidelines by County Committee.
40—Disaster Risk Management Volunteers.

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PART V—FINANCIAL PROVISIONS
41—Funds of the Authority.
42—Financial year.
43—Annual estimates.
44—Accounts and audit.
45 —Establishment of Disaster Risk Management Fund.
46—Tax Exemptions on Disaster Management
Assistance.
PART VI—MISCELLANEOUS PROVISIONS
47—Duty to protect information held by the Authority
County Committee or Centres.
48—Limitation of the right to access information.
49—Obstruction.
50—False claim.
51—False alarm.
52—Misappropriation of relief money or material.
53—Offences by companies.
54—Consequential amendments.
PART VII—PROVISIONS ON DELEGATED
POWERS
55—Regulations.
PART VIII—SAVING AND TRANSITIONAL
PROVISIONS
56—Transfer of Staff.
57—Transfer of assets and liabilities.
SCHEDULE—PROVISIONS AS TO THE
CONDUCT OF BUSINESS AND
AFFAIRS OF THE BOARD

NAL
PROVISIONS
56—Transfer of Staff.
57—Transfer of assets and liabilities.
SCHEDULE—PROVISIONS AS TO THE
CONDUCT OF BUSINESS AND
AFFAIRS OF THE BOARD

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THE NATIONAL DISASTER RISK MANAGEMENT
ACT, 2026
AN ACT of Parliament to establish the National
Disaster Risk Management Authority and County
Disaster Risk Management Committees; to provide
a legal framework for the co-ordination of disaster
risk management activities; and for connected
purposes
ENACTED by the Parliament of Kenya, as follows—
PART I—PRELIMINARY
1. This Act may be cited as the National Disaster
Risk Management Act, 2026. Short title. 2. In this Act, unless the context otherwise
requires—
Interpretation.

t may be cited as the National Disaster
Risk Management Act, 2026. Short title. 2. In this Act, unless the context otherwise
requires—
Interpretation.

“Authority” means the National Disaster Risk
Management Authority established under section 5;
“Board” means the Board of the National Disaster
Risk Management Authority constituted under section 9;
“Cabinet Secretary” means the Cabinet Secretary
responsible for matters relating to disaster risk
management;
“Centre” means a County Disaster Risk Management
Centre established under section 36;
“climate change adaptation” means adjustment to
ecological, social or economic systems in response to
actual or expected climatic impacts in order to moderate
potential damages or to benefit from opportunities
associated with climate change;
“climate change” means a change in the climate
system which is caused by significant changes in the
concentration of greenhouse gases as a consequence of
human activities and which is in addition to natural climate
change that has been observed during a considerable
period;
“County Executive Committee Member” means the
county executive committee member responsible for
matters relating to disaster risk management;
“County Committee” means the County Disaster Risk
Management Committee established under section 31

for
matters relating to disaster risk management;
“County Committee” means the County Disaster Risk
Management Committee established under section 31

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“Director-General” means the Director-General of the
Authority appointed under section 20;
“disaster” means a progressive or sudden, widespread,
localized, natural or human-caused occurrence which—
(a) causes or threatens to cause—
(i) death, injury or disease;
(ii) damage to property, infrastructure or the
environment; or
(iii) significant disruption of the life of a
community; and
(b) is of a magnitude that exceeds the ability of those
affected by the disaster to cope with its effects
using only their own resources;
“disaster risk” means the potential loss of life, injury,
or destroyed or damaged assets which could occur to a
system, society or a community in a specific period of time,
determined probabilistically as a function of hazard,
exposure, vulnerability and capacity;
“disaster risk management” means a continuous and
integrated multisectoral, multi-disciplinary process of
developing, planning and implementing of policies,
strategies and measures aimed at—
(a) having in place a permanent structure of disaster
risk management at the county and national level;
(b) identifying and mapping disaster prone or
vulnerable areas, situations or people;
(c) issuing early-warning of imminent disaster;
(d) relocating populations in case of imminent
disasters;
(e) preventing or reducing the risk of disasters;
(f) mitigating the severity or consequences of
disasters;
(g) protecting the most vulnerable populations in
disasters including women, children, persons with
disabilities and the elderly;
(h) emergency preparedness;

tecting the most vulnerable populations in
disasters including women, children, persons with
disabilities and the elderly;
(h) emergency preparedness;

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(i) a rapid and effective response to disasters;
(j) post-disaster recovery, restoration and
rehabilitation; and
(k) using technology to better manage disasters.

and effective response to disasters;
(j) post-disaster recovery, restoration and
rehabilitation; and
(k) using technology to better manage disasters.

“disaster risk reduction” means either a policy goal or
objective, and the strategic and instrumental measures
employed for—
(a) anticipating future disaster risk; and
(b) reducing existing exposure, hazard or
vulnerability;
“early warning system” means an integrated system of
hazard monitoring, forecasting and prediction, disaster risk
assessment, communication and preparedness activities,
systems and processes that enables individuals,
communities, governments, businesses and others to take
timely action to reduce disaster risks in advance of
hazardous events;
“emergency” means an actual or imminent situation
that arises suddenly, posing an immediate threat to life,
health, property, environment, infrastructure, economic
stability or public order that –
(a) requires prompt coordinated action to protect life
and property and restore essential services;
(b) maybe caused by natural, technological, and
human-induced health or industrial incidents;
(c) exceeds normal response capabilities requiring
multi-agency intervention.

atural, technological, and
human-induced health or industrial incidents;
(c) exceeds normal response capabilities requiring
multi-agency intervention.

“emergency preparedness” means—
(a) measures in place which enable organs of the
national and county governments and other
institutions involved in disaster risk management,
the private sector, communities and individuals to
mobilize, organize and provide relief measures to
deal with an impending or current disaster or the
effects of a disaster;
(b) the knowledge and capacities developed by
governments, professional response and recovery
organizations, communities and individuals to

disaster;
(b) the knowledge and capacities developed by
governments, professional response and recovery
organizations, communities and individuals to

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effectively anticipate, respond to and recover from
the impacts of likely, imminent or current hazard
events or condition improving resilience;
(c) having in place a policy at the national and county
level on disaster response;
(d) having in place a structure at the county and
national government level that enables a quick
response in cases of disaster;
(e) having in place a monitoring system at the national
and county levels of government on disaster risk;
(f) having in place an early-warning system at the
national and county level on disaster risk;
(g) having in place a continuous public education and
awareness of the public on disaster risk response
including emergency numbers and centres;
(h) having in place facilities and equipment for
effective and quick response to disasters including
fire tracks, land, water and air ambulatory
services; and
(i) establishing a centre for emergency convergence
during disasters.

to disasters including
fire tracks, land, water and air ambulatory
services; and
(i) establishing a centre for emergency convergence
during disasters.

“emergency responder” refers to a person involved in
an organized response to a potential, actual or impending
emergency, including but not limited to firefighters, police
officers, emergency medical personnel, national
government emergency management personnel, county
government emergency management personnel, military
personnel or an officer of a recognized humanitarian
organization dealing with disaster response;
“financial year” means the period of twelve months
ending on the thirtieth day of June in each year;
“hazard” means a process, phenomenon or human
activity that may cause loss of life, injury or other health
impacts, property damage, social and economic disruption
or environmental degradation;
“mitigation” means the lessening or minimizing of the
adverse impacts of a hazardous event;
“preparedness” means the knowledge and capacities
developed by governments, professional response and
recovery organizations, communities and individuals to
Cap. 412A

eans the knowledge and capacities
developed by governments, professional response and
recovery organizations, communities and individuals to
Cap. 412A

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effectively anticipate, respond to, and recover from, the
impacts of likely, imminent or current hazard events or
conditions;
“prevention” means activities and measures to avoid
existing and new disaster risks;
“reconstruction” means the medium and long-term
rebuilding and sustainable restoration of resilient critical
infrastructures, services, housing, facilities and livelihoods
required for the full functioning of a community or a
society affected by a disaster, aligning with the principles
of sustainable development and “build back better”, to
avoid or reduce future disaster risk;
“recovery” means the restoring or improving of
livelihoods and health, as well as economic, physical,
social, cultural and environmental assets, systems and
activities, of a disaster-affected community or society,
aligning with the principles of sustainable development and
“build back better”, to avoid or reduce future disaster risk;
“response” means actions taken directly before, during
or immediately after a disaster in order to save lives, reduce
health impacts, ensure public safety and meet the basic
subsistence needs of the people affected;
“risk” means the combination of the probability of an
event and its negative consequences;
“risk assessment” means the methodology used to
determine the nature and extent of risk by analysing
potential hazards and evaluating existing conditions of
vulnerability which may potentially harm exposed people,
property, services, livelihoods and the environment;
“Summit” has the meaning assigned under section 2 of
the Intergovernmental Relations Act;
“the two levels of government” means all relevant
departments and agencies of the national and county
governments;
“vulnerability” means the conditions determined by
physical, social, economic and environmental factors or
processes which increase the susceptibility of an individual,
a community, assets or systems to the impacts of hazards.

c and environmental factors or
processes which increase the susceptibility of an individual,
a community, assets or systems to the impacts of hazards.

Cap. 265F
3. The object of this Act is to— Objects of the
Act.

Cap. 265F
3. The object of this Act is to— Objects of the
Act.

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(a) provide for a legislative framework for disaster
risk management;
(b) enhance effective and co-ordinated disaster
preparedness, prevention, response, mitigation and
recovery;
(c) provide for appropriate and dignified assistance
and relief to victims and casualties of disasters;
(d) promote inclusiveness and a
multidisciplinary and multisectoral approach to
disaster management;
(e) reduce disaster risks and vulnerabilities at the
national and county levels of government; and
(f) enhance resilience to the impacts of disaster risks
and climate change at both the national and county
levels. 4.

county levels of government; and
(f) enhance resilience to the impacts of disaster risks
and climate change at both the national and county
levels. 4.

The guiding principles to disaster risk
management shall be—
(a) a comprehensive approach to Disaster Risk
Management for balancing between the reduction
of risk and the enhancement of community
resilience, while ensuring effective response and
recovery capabilities;
(b) all hazards approach in managing disaster;
(c) enhancing local disaster risk management
capability as the frontline to disaster risk
management;
(d) respect, ethics and professional standards;
(e) national values and principles of governance under
Article 10 of the Constitution;
(f) commitment in service to the people;
(g) protecting vulnerable groups including women,
children, persons with disabilities and older
persons of the society; and
(h) supporting the national government and the county
government including the local communities, in
disaster risk management. Guiding
principles.

and
(h) supporting the national government and the county
government including the local communities, in
disaster risk management. Guiding
principles.

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PART II — ESTABLISHMENT OF THE
INSTITUTIONAL FRAMEWORK ON DISASTER
RISK MANAGEMENT
5. (1) There is established the National Disaster Risk
Management Authority. (2) The Authority shall be a body corporate with
perpetual succession and a common seal and shall, in its
corporate name, be capable of—
(a) suing and being sued;
(b) taking, purchasing or otherwise acquiring, holding,
charging or disposing of movable and immovable
property;
(c) borrowing and lending money; and
(d) doing or performing all other things or acts which
may be lawfully done or performed by a body
corporate for the furtherance of the provisions of
this Act. National
Disaster Risk
Management
Authority. 6. (1) The Headquarters of the Authority shall be in
Nairobi. (2) The Authority may establish such other offices as
it considers necessary for the discharge of its functions. Headquarters. 7.

shall be in
Nairobi. (2) The Authority may establish such other offices as
it considers necessary for the discharge of its functions. Headquarters. 7.

The functions of the Authority shall be to—
(a) co-ordinate and implement disaster risk
management;
(b) co-ordinate and collaborate with relevant regional
and international agencies and institutions in
disaster risk management;
(c) advise the national and county governments on
disaster risk management measures;
(d) develop and co-ordinate implementation of
national and county disaster risk management
policies, strategies, plans, projects, programs and
budgets;
(e) promote and co-ordinate research in disaster risk
management;
(f) facilitate capacity building for disaster risk
management at both the national and county levels
of government;
Functions of the
Authority.

ement;
(f) facilitate capacity building for disaster risk
management at both the national and county levels
of government;
Functions of the
Authority.

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(g) co-ordinate the provision of psycho-social support
to persons affected by a disaster or involved in
disaster risk management;
(h) co-ordinate and support public awareness
campaigns and civic education programmes on
disaster risk management;
(i) monitor and evaluate disaster risk management
programmes and projects;
(j) promote linkages with key ministries, community
service organizations, international organizations,
county, sub-county and community-based disaster
risk management entities;
(k) co-ordinate the preparation and maintenance of
national, county and sub-county disaster risk
atlases including data banks and information on
potential hazards and vulnerabilities;
(l) undertake and co-ordinate routine hazard
identification and vulnerability and risk
assessments in all sectors;
(m) co-ordinate resource mobilization strategies;
(n) develop climate change adaptation strategies to
prevent, respond and mitigate the effects of
disasters arising as a result of climate change;
(o) carry out and coordinate national damage and loss
assessment in respect to disasters;
(p) carry out annual national drill exercises as part of
disaster risk management preparedness;
(q) submit periodic reports to the Cabinet and the
Summit;
(r) ensure the implementation of international
obligations related to disaster risk management;
(s) accredit international volunteers involved in
disaster risk management; and
(t) perform any other functions as may be prescribed
by this Act or any other written law relevant to the
discharge of the functions of the Authority.

(t) perform any other functions as may be prescribed
by this Act or any other written law relevant to the
discharge of the functions of the Authority.

8. (1) The Authority shall have all the powers
necessary for the proper performance of its functions under
this Act, and in particular, but without prejudice to the
Powers of the
Authority.

powers
necessary for the proper performance of its functions under
this Act, and in particular, but without prejudice to the
Powers of the
Authority.

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generality of the foregoing, the Authority shall have power
to—
(a) receive grants, gifts, donations or endowments and
make legitimate disbursements therefrom;
(b) enter into association with other bodies or
organizations within or outside Kenya as the
Authority may consider desirable or appropriate
and in furtherance of the purpose for which the
Authority is established;
(c) open a bank account or bank accounts for the
funds of the Authority;
(d) invest funds of the Authority not immediately
required for its purposes; and
(e) undertake any activity as may be necessary for the
better carrying out of the functions of the
Authority. (2) The Authority shall exercise powers required to
ensure compliance with any directive issued under its
authority and take or cause to be taken such measures
including bringing actions in a court of law or tribunal.

ce with any directive issued under its
authority and take or cause to be taken such measures
including bringing actions in a court of law or tribunal.

(3) The Authority may on giving reasonable notice of
its intention to take such measures, direct an organization,
department, authority, person or body of persons to
perform, within such times and in such manner as it shall
specify, any other duty imposed by or under this Act or any
other written law in relation to enforcement and
compliance. (4) Where there is failure to comply with the
direction, the Authority may perform or cause to be
performed the duties in question and the expense incurred
shall be recoverable by the Authority from the
organization, department, authority, person or body of
persons referred to under subsection (3), by way of a civil
debt. 9. (1) The management of the Authority shall vest in
a Board which shall comprise—
(a) a chairperson appointed by the President;
(b) the Principal Secretary in the Ministry for the time
being responsible for matters relating to disaster
Composition of
the Board.

y the President;
(b) the Principal Secretary in the Ministry for the time
being responsible for matters relating to disaster
Composition of
the Board.

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risk management or a representative designated in
writing;
(c) the Principal Secretary in the Ministry for the time
being responsible for matters relating to finance or
a representative designated in writing;
(d) the Principal Secretary in the Ministry for the time
being responsible for matters relating to defence or
a representative designated in writing;
(e) the Principal Secretary in the Ministry for the time
being responsible for matters relating to drought
management or a representative designated in
writing;
(f) the Chief Executive Officer of the Council of
County Governors;
(g) one person, who has knowledge and experience in
disaster risk management, nominated by the
Council of County Governors and appointed by
the Cabinet Secretary;
(h) a person nominated by the Kenya Red Cross
Society and appointed by the Cabinet Secretary;
(i) a person nominated by the Kenya Private Sector
Alliance and appointed by the Cabinet Secretary;
and
(j) the Director-General of the Authority who shall be
an ex-officio member of the Board.

Sector
Alliance and appointed by the Cabinet Secretary;
and
(j) the Director-General of the Authority who shall be
an ex-officio member of the Board.

(2) The Chairperson and members of the Board, other
than an ex-officio member, shall hold office for a period of
three years and shall be eligible for re-appointment for one
further term. (3) The Cabinet Secretary shall ensure that not more
than two-thirds of the persons appointed under subsection
(1) (g), (h) and (i) shall be of the same gender. 10. (1) A person shall be qualified for appointment as
a chairperson under section 9 (1)(a), if that person—
(a) holds a bachelor’s degree from a university
recognized in Kenya;
(b) has a distinguished career in a senior management
position in either the private or public sector;
Qualification of
the chairperson of
the Board.

(b) has a distinguished career in a senior management
position in either the private or public sector;
Qualification of
the chairperson of
the Board.

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(c) holds at least ten years’ post-qualification
professional experience; and
(d) satisfies the requirements of Chapter Six of the
Constitution. (2) A person is not qualified for appointment as a
chairperson or member of the Board, if that person—
(a) is a member of Parliament or County Assembly;
(b) is a member of a governing body of a political
party;
(c) is a member of a Commission established under
the Constitution;
(d) is an undischarged bankrupt;
(e) has been removed from office for contravening the
Constitution or any other law; or
(f) has, in the conduct of his affairs, not met any
statutory obligations. 11.

oved from office for contravening the
Constitution or any other law; or
(f) has, in the conduct of his affairs, not met any
statutory obligations. 11.

The office of a member of the Board, other than an
ex-officio member, shall become vacant if the member—
(a) is unable to perform the functions of his office by
reason of mental or physical infirmity;
(b) is adjudged bankrupt;
(c) is convicted of a criminal offence for a term of
imprisonment for a period exceeding six months;
(d) is absent from three consecutive meetings of the
Board without justifiable cause;
(e) resigns, in writing, addressed, in the case of the
chairperson to the President, and in the case of
any other member, to the Cabinet Secretary;
(f) fails to declare his interest in any matter being
considered by the Board;
(g) violates Chapter Six of the Constitution; or
(h) dies. Vacation of
office. 12. The chairperson or member of the Board may be
removed from office for—
(a) inability to perform the functions of the office
arising out of physical or mental incapacity;
Removal from
Office.

ay be
removed from office for—
(a) inability to perform the functions of the office
arising out of physical or mental incapacity;
Removal from
Office.

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(b) gross misconduct or misbehavior;
(c) being absent from three consecutive meetings
without justifiable cause;
(d) incompetence or neglect of duty;
(e) failure to declare his interest in any matter being
considered by the Board;
(f) non-compliance with the requirements of Chapter
Six of the Constitution; or
(g) any other ground that would lawfully justify
removal from office under the terms and
conditions of service. 13. (1) The Board shall be responsible for the general
control of the performance and management of the
undertakings and affairs of the Authority, and shall include
a general duty to ensure that the functions of the Authority
are carried out in an efficient, transparent and ethical
manner and that no particular person or body is given undue
preference or subjected to any undue disadvantage. (2) The Board shall consider and advise the Cabinet
Secretary on the development and maintenance of disaster
risk management policy framework and the objectives of
the Authority.

and advise the Cabinet
Secretary on the development and maintenance of disaster
risk management policy framework and the objectives of
the Authority.

(3) Without prejudice to the generality of subsections
(1) and (2), the Board shall consider and advise the Cabinet
Secretary on—
(a) legislative proposals relating to disaster risk
management;
(b) measures for the promotion or support of any
county government on disaster risk management;
(c) the determination and setting priorities for the
general performance targets by the Authority;
(d) the consideration and determination of the strategic
plan and budget of the Authority;
(e) measures to ensure that the disaster risk
management measures are initiated and
implemented; and
(f) such other matters relating to disaster risk
management in Kenya. Functions of the
Board.

k
management measures are initiated and
implemented; and
(f) such other matters relating to disaster risk
management in Kenya. Functions of the
Board.

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14.

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14.

(1) The Board shall have all the powers necessary
for the proper performance of the functions of the Authority
in accordance with the provisions of this Act and in
particular, but without prejudice to the generality of the
foregoing, the Board shall have power to—
(a) control and oversee the administration of the assets
of the Authority in such manner and for such
purposes as best promotes the purposes for which
the Authority is established;
(b) determine the provisions to be made for capital and
recurrent expenditure and for reserves of the
Authority;
(c) in collaboration with the relevant bodies, suspend
or limit sale, dispensing, or transportation of
firearms explosives or such other products which it
deems inappropriate in disaster areas;
(d) request any information or documents relating to
its mandate from any organization, state
department or agency;
(e) establish operational or administrative units for the
effective coordination of disaster risk
management;
(f) in collaboration with relevant bodies, co-ordinate
the evacuation of people in disaster prone areas;
(g) access and utilize available resources of the
government including warehouses, equipment and
such other facilities as may be reasonably
necessary for disaster emergency operations; and
(h) summon any person whom they may consider
necessary in the implementation of their mandate.

onably
necessary for disaster emergency operations; and
(h) summon any person whom they may consider
necessary in the implementation of their mandate.

Powers of the
Board. 15. (1) The Board may, from time to time, establish
such committees as it considers necessary for the effective
carrying out of its functions under this Act. (2) The Board may by resolution, engage such experts
for a specified period as may be necessary to assist in the
proper discharge of its functions. Committees of the
Board. 16. The Board may, by resolution either generally or
in any particular case, delegate to any of its committees or
to any member, officer, employee or agent of the Board,
Delegation by the
Board.

rally or
in any particular case, delegate to any of its committees or
to any member, officer, employee or agent of the Board,
Delegation by the
Board.

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the exercise of any of the powers or the performance of any
of the functions or duties of the Board under this Act or
under any other written law. 17. The conduct and regulation of the business and
affairs of the Board shall be as provided in the Schedule,
but subject thereto the Board may regulate its own
procedure. Conduct of
business and
affairs of the
Board. 18. (1) The chairperson and members of the Board
shall be paid such remuneration or allowances as the Board
in consultation with the Salaries and Remuneration
Commission may determine. (2) The officers, agents and staff of the Authority shall
be paid such remuneration and allowances as the Board in
consultation with the Salaries and Remuneration
Commission may determine. Remuneration of
the Board and
staff of the
Authority. 19. (1) There shall be a Corporation Secretary who
shall be appointed by the Board on such terms and
conditions as the Board may determine and who shall
perform such duties as the Board may, from time to time,
assign. (2) In the performance of his or her duties under this
Act, the Corporation Secretary shall be responsible to the
Director-General.

e to time,
assign. (2) In the performance of his or her duties under this
Act, the Corporation Secretary shall be responsible to the
Director-General.

Appointment of
Corporation
Secretary. 20. (1) There shall be a Director-General of the
Authority who shall be competitively recruited and
appointed by the Board, and whose terms and conditions of
service shall be specified in the instrument of appointment. (2) Without prejudice to the generality of the
provisions of subsection (1), the Director-General shall be
appointed for a period of three years renewable once. (3) The Director-General shall be the Chief Executive
Officer of the Authority and shall be subject to the direction
of the Board, be responsible to it for the —
(a) implementation of the decisions of the Board;
(b) day-to-day administration and management of the
affairs of the Board;
(c) organization and management of the employees of
the Board; and
(d) any other function that may be assigned by the
Board. Director-General.

Board;
(c) organization and management of the employees of
the Board; and
(d) any other function that may be assigned by the
Board. Director-General.

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21. (1) A person shall be qualified for appointment as
the Director-General, if such person—
(a) is a Kenyan Citizen;
(b) holds a bachelor’s degree in a relevant field from a
university recognized in Kenya;
(c) has had a distinguished career in a senior
management position in either the private or public
sector;
(d) holds at least ten years’ post-qualification
professional experience; and
(e) satisfies the requirements of Chapter Six of the
Constitution. (2) A person is not qualified for appointment as the
Director-General, if that person—
(a) is a member of Parliament or County Assembly;
(b) is a member of a governing body of a political
party;
(c) is a member of a Commission established under
the Constitution;
(d) is an undischarged bankrupt;
(e) has been removed from office for contravening the
Constitution or any other law; or
(f) has, in the conduct of his affairs, not met any
statutory obligations. Qualification of
the Director-
General
22.

onstitution or any other law; or
(f) has, in the conduct of his affairs, not met any
statutory obligations. Qualification of
the Director-
General
22.

The Board may remove the Director-General from
office in accordance with the terms and conditions of
service for—
(a) inability to perform the functions of the office
arising out of physical or mental incapacity;
(b) gross misconduct or misbehavior;
(c) incompetence or neglect of duty;
(d) non-compliance with the requirements of Chapter
Six of the Constitution; or
(e) any other ground that would lawfully justify
removal from office under the terms and
conditions of service. Removal of
Director –General.

tion; or
(e) any other ground that would lawfully justify
removal from office under the terms and
conditions of service. Removal of
Director –General.

2026 National Disaster Risk Management
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23. The office of the Director-General shall become
vacant if the Director-General—
(a) is unable to perform the functions of office by
reason of mental or physical infirmity;
(b) is adjudged bankrupt;
(c) is removed from office on any of the grounds
provided under section 22;
(d) resigns, in writing, addressed to the Board;
(e) fails to declare his interest in any matter being
considered by the Board;
(f) violates any of the provisions of Chapter Six of the
Constitution; or
(g) dies. Vacation of office
of the Director
General. 24. (1) The Board may appoint such officers, agents
and staff as are necessary for the proper and efficient
discharge of the functions of the Authority and upon such
terms and conditions of service as the Board may
determine. (2) The Board may, on the advice of the Director
General, engage on behalf of the Authority, the service of
such experts in respect of any of the functions of the
Authority in connection with which they are considered to
have special competence.

e service of
such experts in respect of any of the functions of the
Authority in connection with which they are considered to
have special competence.

(3) In appointing staff under sub-section (1), due
regard to ethnic, gender representation, representation of
young persons and persons with disabilities shall be taken
into account. Staff of the
Authority. 25. (1) The common seal of the Authority shall be
kept in the custody of the Corporation Secretary and shall
not be used except on the order of the Board. (2) The common seal of the Authority shall, when
affixed to a document and authenticated be judicially and
officially noticed and unless the contrary is proved, any
order or authorization by the Authority under this section
shall be presumed to have been duly given. Common Seal of
the Authority. 26. (1) No matter or thing done by a member of the
Board or any officer, employee, or agent of the Authority
shall, if the matter or thing is done bona fide for executing
the functions, powers or duties of the Authority render the
member, officer, employee or agent personally liable to any
action, claim or demand whatsoever. Protection from
personal liability.

thority render the
member, officer, employee or agent personally liable to any
action, claim or demand whatsoever. Protection from
personal liability.

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(2) Any expenses incurred by any person in any suit or
prosecution brought against him in any court, in respect of
any act which is done or purported to be done by him under
the direction of the Authority, shall, if the court holds that
such act was done in bona fide, be paid out of the general
funds of the Authority, unless such expenses are recovered
by him in such suit or prosecution. (3) The provision of this section shall not relieve the
Authority of the liability to compensate or pay damages
to any person for any injury to him, his property or any of
his interests caused by the exercise of any power
conferred by this Act or any other written law or by the
failure, wholly or partially of any works. PART III—CLASSIFICATION OF DISASTER,
PLANS AND ELECTRONIC INFORMATION
SYSTEMS
27.

her written law or by the
failure, wholly or partially of any works. PART III—CLASSIFICATION OF DISASTER,
PLANS AND ELECTRONIC INFORMATION
SYSTEMS
27.

(1) The Authority shall, in consultation with
county governments, develop an electronic database
containing—
(a) particulars of—
(i) national and county organs involved in
disaster risk management;
(ii) non-governmental organisations involved in
disaster risk management;
(iii) disaster risk management experts;
(iv) private sector organisations with specialized
equipment, skills or knowledge relevant to
disaster risk management;
(v) private sector voluntary agencies involved in
disaster risk management; and
(vi) foreign non-governmental organisations and
international organisations involved in
disaster risk management;
(b) information concerning disasters including
information on—
(i) phenomena, occurrences, activities and
circumstances that cause or aggravate
disasters;
Electronic
information
system.

s including
information on—
(i) phenomena, occurrences, activities and
circumstances that cause or aggravate
disasters;
Electronic
information
system.

2026 National Disaster Risk Management
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(ii) risk factors underlying disasters and means
to reduce such risks;
(iii) disaggregated data on disaster loss and
damage showing the type of disaster, type of
impact and its gender, age geographical
disaggregation dimensions;
(iv) recurring occurrences that result in loss, but
which are not classified as disasters under
this Act;
(v) prevention and mitigation of disaster;
(vi) early warning systems;
(vii) areas and communities that are
vulnerable to disasters; and
(viii) indigenous knowledge relating to disaster
risk management.

y warning systems;
(vii) areas and communities that are
vulnerable to disasters; and
(viii) indigenous knowledge relating to disaster
risk management.

(c) the directory of role-players and the names and
particulars of their respective contact persons;
(d) emergency response resources and capacity in the
national and county governments and in the non-
government sectors, including the location and
size of, and other relevant information relating
to—
(i) police stations;
(ii) hospitals, clinics and other health facilities;
(iii) emergency medical services;
(iv) public buildings and other facilities that may
be used as emergency shelters or hospitals in
the event of a disaster;
(v) fire-fighting services; and
(vi) airports, airstrips, harbours, and railway
stations;
(e) emergency response resources and capacity in
neighbouring states and relevant international
relief agencies;
(f) emergency preparedness in the different spheres of
government;

ces and capacity in
neighbouring states and relevant international
relief agencies;
(f) emergency preparedness in the different spheres of
government;

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(g) each disaster classified by the Authority under
section 29; and
(h) disaster risk management research and training
facilities. (2) The Authority shall be responsible for the
maintenance of the database developed under subsection
(1). (3) The Authority shall ensure that the database is
accessible to the public in accordance with the Access to
Information Act, the Data Protection Act and any other
relevant law. (4) Despite subsection (3), the Authority—
(a) shall—
(i) establish security safeguards to ensure that
access to the information on the database does
not violate the right to privacy;
(ii) subject to the information on the database,
restrict access to the information; and
(b) may classify parts of the database as restricted
areas and limit access to those parts to authorized persons. Cap.7M. Cap.411C
28.

nformation; and
(b) may classify parts of the database as restricted
areas and limit access to those parts to authorized persons. Cap.7M. Cap.411C
28.

(1) The Authority shall—
(a) develop and regularly review the national disaster
risk management plan and strategy for organs of
State and other institutional role-players involved
in disaster risk management;
(b) collaborate with the counties in co-ordinating the
implementation of the policies, plans and
strategies;
(c) develop guidelines for the integration of the
concept and principles of disaster risk management
in national and county integrated development
plans, protocols, programmes and initiatives;
(d) mainstream gender issues in the plans and
strategies; and
(e) develop a national multi-hazard early warning
system and guidelines for its implementation. (2) In developing and reviewing the disaster risk
management plan under subsection (1), the Authority shall
Disaster risk
management
plans.

mentation. (2) In developing and reviewing the disaster risk
management plan under subsection (1), the Authority shall
Disaster risk
management
plans.

2026 National Disaster Risk Management
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collaborate with departments, agencies and institutions
involved in the implementation of the development plans
and the persons involved in the oversight of the
implementation of the development plans. 29. (1) Whenever a disaster occurs or threatens to
occur, the Authority shall determine whether the event is a
disaster under this Act, and if so, immediately—
(a) assess the magnitude and severity or potential
magnitude and severity of the disaster;
(b) classify the disaster as a county disaster or national
disaster in accordance with subsections (4), (5) and
(6); and
(c) record the prescribed particulars concerning the
disaster in the prescribed register. (2) In assessing the magnitude and severity or
potential magnitude and severity of a disaster, the
Authority—
(a) shall consider the information and
recommendations concerning the disaster received
from a County Committee; and
(b) may enlist the assistance of an independent
assessor to evaluate the disaster on site.

ncerning the disaster received
from a County Committee; and
(b) may enlist the assistance of an independent
assessor to evaluate the disaster on site.

(3) The Authority may reclassify a disaster classified
under subsection (l)(b) at any time after consultation with
the relevant County Committee, if the magnitude and
severity or potential magnitude and severity of the disaster
differs from the initial assessment. (4) A disaster is a county disaster, if—
(a) it affects a single county; and
(b) the county concerned is able to effectively manage
it. (5) A disaster is a national disaster if it affects—
(a) more than one county; or
(b) a single county which is unable to effectively
manage it. (6) Until a disaster is classified by the Authority, it
shall be deemed to be a county disaster. Classification of
disasters.

o effectively
manage it. (6) Until a disaster is classified by the Authority, it
shall be deemed to be a county disaster. Classification of
disasters.

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(7) Despite the classification of a disaster under this
section, in designating primary responsibility for managing
a disaster to a particular level of government, the national
and county levels of government may assist each other in
managing a disaster. (8) The Cabinet Secretary shall by regulations
prescribe the details of classification of a disaster under this
section. 30. (1) In the event of a national disaster, the President
may declare a National State of Disaster by notice in the
Gazette. (2) The declaration of a National State of Disaster
shall contain—
(a) a concise statement of the reasons for the
declaration; and
(b) the duration of the declaration. (3) A National State of Disaster declared under
subsection (1)—
(a) shall lapse on the date specified in the notice
declaring the national state of disaster;
(b) may be terminated by the President at any time
before the lapse of the period specified in
paragraph (a); or
(c) may by notice in the Kenya Gazette be extended
by the President, any time before the period
specified under paragraph (a) lapses.

aragraph (a); or
(c) may by notice in the Kenya Gazette be extended
by the President, any time before the period
specified under paragraph (a) lapses.

(4) During the subsistence of a declaration of a
National State of Disaster, the President may make orders,
or the issue directives, concerning—
(a) the release of any available resources of the
national government including stores, equipment,
vehicles and facilities;
(b) the release of personnel of a national state organ
for rendering of emergency services;
(c) the implementation of all or any of the provisions
of a national disaster management plan that are
applicable in the circumstances;
(d) the evacuation to temporary shelters of all or part
of the population from the disaster-stricken or
Declaration of
National State of
Disaster.

es;
(d) the evacuation to temporary shelters of all or part
of the population from the disaster-stricken or
Declaration of
National State of
Disaster.

2026 National Disaster Risk Management
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16
threatened area if such action is necessary for the
preservation of life;
(e) the regulation of traffic to, from or within the
disaster-stricken or threatened area;
(f) the regulation of the movement of persons and
goods to, from or within the disaster-stricken or
threatened area;
(g) the authorization of or direction to any person, or
any class of persons, to render essential services of
a type that that person, or a person of that class, is
competent to provide and the provision of
reasonable compensation in respect of services so
rendered;
(h) the regulation of the distribution, sale and
availability of essential goods, services and
resources;
(i) emergency procurement procedures;
(j) the imposition of such penalties as may be
specified for any contravention of or failure to
comply with the provisions of the orders or any
directions issued or conditions prescribed by or
under the orders or regulations, which may include
the confiscation of goods, property or instruments
by means of which or in connection with which
the offence has been committed:
Provided that no order or regulation shall make
provision for the imposition of imprisonment for a period
of exceeding six months or of a fine exceeding twenty
thousand shillings; and
(k) other steps that may be necessary to prevent an
escalation of the disaster, or to alleviate, contain
and minimise the effects of the disaster.

and
(k) other steps that may be necessary to prevent an
escalation of the disaster, or to alleviate, contain
and minimise the effects of the disaster.

(5) When a State of National Disaster lapses or is
terminated as provided for in this section, any regulation,
order or directive made or issued in consequence thereof
shall thereby cease to be in force:
Provided that nothing in this section shall affect the
validity of anything done pursuant to a declaration of a
national state disaster or any regulation, order or directive

n this section shall affect the
validity of anything done pursuant to a declaration of a
national state disaster or any regulation, order or directive

National Disaster Risk Management 2026
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made in consequence thereof, prior to the cessation of the
declaration of the state of national disaster, the regulation,
order or directive as the case may be; or from any right,
privilege, obligation or liability acquired, accrued or
incurred thereunder. PART IV— COUNTY DISASTER RISK
MANAGEMENT COMMITTEES
31. (1) There is established a County Disaster Risk
Management Committee in each county.

ereunder. PART IV— COUNTY DISASTER RISK
MANAGEMENT COMMITTEES
31. (1) There is established a County Disaster Risk
Management Committee in each county.

(2) The members of the County Committee shall
comprise—
(a) the Governor who shall be the chairperson;
(b) the county commissioner who shall be the co-
chairperson;
(c) the county executive committee member
responsible for matters relating to disaster risk
management who shall be the secretary;
(d) the County Police Commander;
(e) two persons, a man and a woman, with knowledge
and experience in disaster risk management
appointed by the Governor;
(f) a person nominated by the Kenya Red Cross
Society and appointed by the Governor;
(g) a person nominated by the Kenya Chamber of
Commerce appointed by the Governor; and
(h) a person nominated by the civil society
organization with expertise in disaster risk
management in the county appointed by the
Governor. (3) In appointing members under subsection (2) (e),
(f), (g) and (h), the Governor shall observe the principle of
gender equality, and representation of the youth, persons
with disabilities and the marginalized communities. (4) The members of a County Committee shall elect
one of the members appointed under subsection (2) (e), (f),
(g) and (h) to be the vice-chairperson.

(4) The members of a County Committee shall elect
one of the members appointed under subsection (2) (e), (f),
(g) and (h) to be the vice-chairperson.

(5) A member of the County Committee appointed
under subsection (2) (e), (f), (g) and (h) shall serve for a
Establishment
of County
Disaster Risk
Management
Committees.

e County Committee appointed
under subsection (2) (e), (f), (g) and (h) shall serve for a
Establishment
of County
Disaster Risk
Management
Committees.

2026 National Disaster Risk Management
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term of three years and shall be eligible for re-appointment
for one further term. (6) The members of the County Committee shall serve
on a part-time basis and shall be paid such allowance as
may be advised by the Salaries and Remuneration
Commission. (7) The County Committee may engage an expert into
its membership for effective discharge of its functions. (8) The County Committee shall regulate its own
procedure in the conduct of its business and affairs. 32.

ip for effective discharge of its functions. (8) The County Committee shall regulate its own
procedure in the conduct of its business and affairs. 32.

(1) A County Committee shall—
(a) advise the county government on matters relating
to disaster risk management;
(b) in collaboration with the County Disaster Risk
Management Centres, formulate the county
disaster risk management plans and policy in line
with the national disaster risk management plan
and policy;
(c) promote civic education and public awareness,
training and capacity building on disaster risk
management in the county including in schools;
(d) make recommendations to the county government
regarding financial matters in relation to disaster
risk management;
(e) promote an integrated and coordinated approach to
disaster risk management in the county, with
special emphasis on prevention, mitigation
preparedness, response and recovery by other role-
players involved in disaster risk management in
the county;
(f) collaborate with the national government, the
Authority and relevant agencies on matters relating
to disaster risk management;
(g) in collaboration with the County Disaster Risk
Management Centre and the Authority, oversee the
distribution of relief and emergency supplies;
(h) act as a repository of, and conduit for, information
concerning–
(i) damage and loss arising from disasters;
Functions of a
County
Committee.

ies;
(h) act as a repository of, and conduit for, information
concerning–
(i) damage and loss arising from disasters;
Functions of a
County
Committee.

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(ii) impending disasters; and
(iii) disaster risk management in the county;
(i) act as an advisory and consultative body on issues
concerning disasters and disaster risk management
in the county to—
(i) state organs;
(ii) the private sector and non-governmental
organisations; and
(iii) community based organisations, indigenous
groups, communities and individuals;
(j) initiate and facilitate efforts to make funding
available for disaster risk management in the
county;
(k) promote research into the aspects of disaster risk
management in the county; devolve disaster risk
management measures and structures to sub-
county and village level;
(l) submit periodic reports to the Authority and the
respective county assembly; and
(m) carry out any other function as may be expedient
to the better carrying out of the functions of the
County Committee. (2) The County Executive Committee Member shall,
within fourteen days of the preparation of a county disaster
risk management plan, submit to the clerk of the county
assembly a copy of the disaster risk management plan for
tabling before, and approval by the county assembly.

plan, submit to the clerk of the county
assembly a copy of the disaster risk management plan for
tabling before, and approval by the county assembly.

(3) The County Executive Committee Member shall,
once the county disaster risk management plan is approved,
circulate, publish and publicise the plan to the residents of
the county, through such means as the County Executive
Committee Member may consider appropriate. 33. A County Committee shall have all the powers
necessary for the proper performance of its functions under
this Act, and, in particular, but without prejudice to the
generality of the foregoing, the Committee shall have
power to―
(a) receive any grants, gifts, donations or endowments
and to make legitimate disbursements there from;
Powers of a
County
Committee.

l have
power to―
(a) receive any grants, gifts, donations or endowments
and to make legitimate disbursements there from;
Powers of a
County
Committee.

2026 National Disaster Risk Management
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(b) delegate some of its powers to a public officer;
(c) undertake any activity necessary for the execution
of any of its functions; and
(d) enter premises to secure the supply of water,
access a disaster area or for any other purpose
related to disaster prevention or response. 34. The office of a member of a County Committee
shall become vacant if the member—
(a) resigns by issuing notice in writing addressed to
the County Executive;
(b) is absent from three consecutive meetings of the
County Committee without justifiable cause;
(c) is convicted of an offence and sentenced to
imprisonment for a term exceeding six months
without the option of a fine;
(d) is convicted of an offence that constitutes a serious
violation of Chapter Six of the Constitution;
(e) is unable, by reason of mental or physical
infirmity, to discharge his or her functions; or
(f) dies. Vacation of office
of a County
Committee
Member. 35. The conduct of business and affairs of a County
Committee shall be as provided in the Second Schedule,
but subject thereto the County Committee may regulate its
own procedure.

nd affairs of a County
Committee shall be as provided in the Second Schedule,
but subject thereto the County Committee may regulate its
own procedure.

Conduct of
business and
affairs of a
County
Committee. 36. (1) Each county shall establish a County Disaster
Risk Management Centre which shall be headed by an
expert in disaster risk management. (2) The Head of the County Disaster Risk
Management Centre shall be competitively recruited by the
County Public Service Board. (3) A person shall be qualified for appointment as the
Head of a Centre, if that person—
(a) holds a bachelor’s degree from a university
recognized in Kenya;
(b) has a distinguished career in a management
position in either the private or public sector;
(c) has at least five years’ post-qualification
professional experience; and
Establishment of
County Disaster
Risk Management
Centre.

r public sector;
(c) has at least five years’ post-qualification
professional experience; and
Establishment of
County Disaster
Risk Management
Centre.

National Disaster Risk Management 2026
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(d) satisfies the requirements of Chapter Six of the
Constitution.

National Disaster Risk Management 2026
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(d) satisfies the requirements of Chapter Six of the
Constitution.

(4) The functions of the County Disaster Risk
Management Centre shall be to—
(a) implement the decisions of the County Committee;
(b) specialize in matters concerning disaster risk
management in the county;
(c) promote an integrated and coordinated approach to
disaster risk management in the county with
special emphasis on prevention and mitigation,
by—
(i) county organs; and
(ii) other stakeholders involved in disaster risk
management in the County;
(d) act as a repository of, and conduit for, information
concerning disasters, impending disasters and
disaster risk management in the county;
(e) give advice and guidance by disseminating
information regarding disaster risk management;
and
(f) act as an advisory and consultative body on
matters concerning disaster risk management in
the County to—
(i) county department and agencies;
(ii) the private sector and non-governmental
organizations; and
(iii) communities and individuals;
(g) make recommendations to the County Committee
and the County Government regarding the funding
of Disaster Risk Management in the County;
(h) make recommendations to any relevant organ of
national or county government—
(i) on legislative or policy issues on Disaster
Risk Management;
(ii) on the alignment of County legislation with
this Act and the national Disaster Risk
Management policy; or

icy issues on Disaster
Risk Management;
(ii) on the alignment of County legislation with
this Act and the national Disaster Risk
Management policy; or

2026 National Disaster Risk Management
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(iii) in the event of a County disaster, on whether
a County state of disaster should be declared
in accordance with this Act;
(i) recommend to the County Public Service Board
the recruitment of volunteers;
(j) recommend to the County Public Service Board,
the recruitment of staff specialised in disaster risk
management;
(k) promote disaster risk management capacity
building, training and education, including in
schools and in the county;
(l) promote research into all aspects of disaster
management in the county;
(m) carry out drills and exercises on disaster risk
management;
(n) undertake resource mobilization;
(o) provide advice and guidance by disseminating
information regarding disaster risk management in
the County and the communities that are
vulnerable to disasters;
(p) submit periodic reports to the County Committee;
and
(q) exercise any powers and perform any duties
delegated and assigned under this Act. (4) A Centre may engage in any lawful activity in the
County, whether alone or together with any other
organization, aimed at promoting the proper exercise of its
powers or performance of its duties. 37.

County, whether alone or together with any other
organization, aimed at promoting the proper exercise of its
powers or performance of its duties. 37.

(1) When a disaster occurs or is forecasted to
occur in a county, a County Committee shall determine
whether the event is a disaster under this Act, and, if so,
immediately—
(a) assess the magnitude and severity or potential
magnitude and severity of the disaster;
(b) implement applicable contingency plan and
emergency procedures;
(c) inform the Authority of the—
Procedure during
disaster events.

f the disaster;
(b) implement applicable contingency plan and
emergency procedures;
(c) inform the Authority of the—
Procedure during
disaster events.

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(i) disaster and its initial assessment of the
magnitude and severity or potential magnitude
and severity of the disaster; and
(ii) initial implementation of applicable
contingency plan and emergency procedures. (2) In informing the Authority in terms of subsection
(l)(c), the County Committee may recommend the
appropriate classification of the disaster. 38. (1) A County Committee shall prepare and submit
its annual report to the county assembly on—
(a) its activities during the financial year;
(b) results of its monitoring and evaluation of
prevention and mitigation initiatives;
(c) disasters that occurred during the financial year in
the county together with information on—
(i) their classification, magnitude, severity and
impacts; and
(ii) challenges experienced in dealing with the
disasters; and
(d) progress on the preparation and regular updating
of disaster risk management plans and strategies in
the county.

n dealing with the
disasters; and
(d) progress on the preparation and regular updating
of disaster risk management plans and strategies in
the county.

(2) A County Committee shall prepare and submit its
annual report to the county assembly through the County
Executive Committee responsible for disaster risk
management within one month after the end of every
financial year. (3) The County Executive Committee member
responsible for disaster risk management shall within one
month after the end of every financial year submit the
report to the County Assembly. (4) Upon receipt of the report, the County Assembly
shall, within one month, consider the report and may
approve it with or without amendments. Annual report to
county
assembly. 39. A county executive committee member
responsible for disaster risk management may, for the
purposes of managing a disaster, make guidelines to
provide for—
Guidelines by
County
Committee.

responsible for disaster risk management may, for the
purposes of managing a disaster, make guidelines to
provide for—
Guidelines by
County
Committee.

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16
(a) measures for disaster prevention, mitigation,
preparedness, response and recovery;
(b) collection and publication of data relating to
disaster risk management;
(c) use of listed premises as shelters to manage a
disaster;
(d) establishment of designated public convergence
zones in case of emergencies;
(e) activation of a disaster response plan;
(f) monitoring and evaluation on matters relating to
disaster risk management;
(g) conduct of public awareness and civic education
on disaster risk management;
(h) establishment of a unit and command structures of
volunteers;
(i) the minimum requirements for qualification as a
volunteer;
(j) the manner in which any member of a Unit of
Volunteers may be deployed;
(k) the training of volunteers;
(l) the use of equipment by volunteers;
(m) the defraying of expenses incurred by volunteers;
(n) uniforms of volunteers;
(o) insignia to be worn by—
(i) different units of volunteers;
(ii) different components within a unit of
volunteers;
(iii) different positions of command within a unit
of volunteers;
(p) the transfer of a volunteer from one unit of
volunteers to another unit of volunteers;
(q) code of conduct of volunteers; and
(r) any other matter that may be necessary in dealing
with disaster risk management.

nother unit of volunteers;
(q) code of conduct of volunteers; and
(r) any other matter that may be necessary in dealing
with disaster risk management.

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40. (1) A Centre may establish a unit of volunteers to
participate in Disaster Risk Management in a County. (2) Any person who meets the prescribed minimum
requirements may apply to enroll as a volunteer in the unit
of volunteers of a relevant County. (3) The Centre shall maintain a register of all
volunteers enrolled in a unit of volunteers. (4) A Centre that has established a unit of volunteers
shall submit the prescribed particulars of any person that
has enrolled in terms of subsection (2) to the County
Committee within twenty-one days of such enrolment. (5) Upon receipt of an up-to-date register of volunteers
from the Centre, the County Committee shall, within
twenty-one days, submit the register to the Authority. (6) A unit of volunteers may participate in exercises
related to disaster risk management organised by one or
more County Disaster Risk Management Centres, or the
Authority.

s may participate in exercises
related to disaster risk management organised by one or
more County Disaster Risk Management Centres, or the
Authority.

(7) This section does not preclude—
(a) a County Disaster Centre from calling on persons
who are not members of a unit of volunteers to
assist the County in dealing with a disaster; or
(b) any number of persons from taking reasonable
steps to deal with a disaster in an appropriate
manner until a County takes responsibility for that
disaster, and, where appropriate, to continue
dealing with the disaster under the control of the
County. Disaster Risk
Management
Volunteers. PART V—FINANCIAL PROVISIONS
41. The funds of the Authority shall consist of—
(a) such monies as may be appropriated by the
National Assembly for the purposes of the
Authority;
(b) such monies as may accrue to the Authority in the
performance of its functions under this Act; and
(c) all monies from any other source provided for or
donated or lent to the Authority. Funds of the
Authority. 42. The financial year of the Authority shall be the
period of twelve months ending on the thirtieth June in
each year. Financial year.

the
Authority. 42. The financial year of the Authority shall be the
period of twelve months ending on the thirtieth June in
each year. Financial year.

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43. (1) At least three months before the
commencement of a financial year, the Board shall cause to
be prepared the estimates of revenue and expenditure of the
Authority for that year. (2) The annual estimates shall make provision for all
estimated expenditure of the Authority for the financial
year, and, in particular, shall make provision for—
(a) the payment of salaries, allowances, pension
gratuities, and other charges in respect of the staff
of the Authority;
(b) proper maintenance of the buildings and grounds
of the Authority; and
(c) the maintenance, repair and replacement of the
utilities, equipment and other property of the
Authority. (3) The annual estimates shall be approved by the
Board before the commencement of the financial year to
which they relate, and shall be submitted to the Cabinet
Secretary for approval. Annual estimates. 44. (1) The Board shall cause to be kept proper books
and records of account of the income, expenditure and
assets of the Authority.

Annual estimates. 44. (1) The Board shall cause to be kept proper books
and records of account of the income, expenditure and
assets of the Authority.

(2) Within a period of three months from the end of
each financial year, the Authority shall submit to the
Auditor General the accounts of the Authority together
with—
(a) a statement of the income and expenditure of the
Authority during that year; and
(b) a statement of the assets and liabilities of the
Authority on the last day of that year. (3) The accounts of the Authority shall be audited and
reported upon in accordance with the Public Audit Act. Accounts and
audit. Cap.412B
45. The Cabinet Secretary responsible for finance may
establish a Disaster Risk Management Fund in accordance
with section 24(4) of the Public Finance Management Act. Establishment of
the Disaster Risk
Management
Fund. Cap.412A
46. The Cabinet Secretary responsible for finance
may, by regulation, exempt all materials, articles, goods or
equipment intended for the use of disaster management
activities from import duty, value added tax, demurrage,
port charges and any other tax as may be determined. Tax Exemptions
on Disaster
Management
Assistance.

s from import duty, value added tax, demurrage,
port charges and any other tax as may be determined. Tax Exemptions
on Disaster
Management
Assistance.

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PART VI—MISCELLANEOUS PROVISIONS
47. (1) The members of the Board, staff or agents of
the Authority shall have a duty to safeguard the information
held by the Authority in accordance with the provisions of
Article 31 of the Constitution and any other relevant law. (2) The provisions of subsection (1) shall with the
necessary modifications apply to the County Committee
and the Centres. Duty to protect
information held
by the Authority,
County
Committee or
Centres. 48. (1) The Authority, County Committee or Centre
shall ensure that the right of access to information
guaranteed under Article 35 of the Constitution is subject to
the limitations provided under Article 24 of the
Constitution and to the nature and extent specified under
subsections (2) and (3). (2) An officer, member of staff, or agent of the
Authority, County Committee or Centre shall not disclose
information acquired in the course of his duties under the
Act except, with the written consent of the Board of the
Authority, County Committee or Centre, as the case may
be.

the course of his duties under the
Act except, with the written consent of the Board of the
Authority, County Committee or Centre, as the case may
be.

(3) The Authority, County Committee or Centre shall
not disclose any information that would in the opinion of
the Authority, County Committee or Centre, as the case
may be, compromise the integrity of any operations during
disaster risk management. Limitation of the
right to access
information. 49. (1) A person who, without reasonable cause—
(a) obstructs an officer or employee of the Authority,
a County Committee, County Disaster Risk
Management Centre in the discharge of the
person’s functions under this Act; or
(b) refuses to comply with any direction given by or
on behalf of the Authority or a County Committee
under this Act,
commits an offence and is liable to a fine not
exceeding two million shillings or to imprisonment for a
term not exceeding two year, or both. (2) In addition to the penalty provided under
subsection (1), a person who commits an offence under
subsection (1) and the offence results in the loss of life
shall on conviction be liable to imprisonment for a term not
exceeding five years. Obstruction.

ection (1) and the offence results in the loss of life
shall on conviction be liable to imprisonment for a term not
exceeding five years. Obstruction.

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50. A person who knowingly makes a claim which the
person knows or has reason to believe to be false, for the
purpose of obtaining any relief, assistance, repair,
reconstruction or other benefit from the Authority, commits
an offence and is liable on conviction to a fine not
exceeding one million shillings or to imprisonment for a
term not exceeding one year, or to both. False claim. 51. A person who makes or circulates a false alarm
knowingly or warning as to a disaster or its severity or
magnitude leading to panic, commits an offence and is
liable on conviction to a fine not exceeding one million
shillings or to imprisonment for a term not exceeding one
year, or to both. False alarm. 52.

liable on conviction to a fine not exceeding one million
shillings or to imprisonment for a term not exceeding one
year, or to both. False alarm. 52.

A person who, being entrusted with any money or
materials, or otherwise being in custody of money or goods
meant for providing relief during a disaster—
(a) misappropriates the money or goods;
(b) appropriates the money or goods for the person’s
own use; or
(c) compels another person to misappropriate the
money or goods,
commits an offence and is liable on conviction to a
fine not exceeding ten million shillings or to imprisonment
for a term not exceeding ten years, or to both. Misappropriation
of relief money or
material. 53. (1) Where an offence under this Act is committed
by a company or body corporate, every person who at the
time the offence was committed, was in charge of, and was
responsible to the company, for the conduct of the business
of the company, as well as the company, shall be deemed to
have committed the offence and shall, on conviction, be
liable to such penalty as prescribed in this Act for the
offence. (2) Nothing in subsection (1) shall render any such
person liable to any penalty under this Act if that person
proves that the offence was committed without the person’s
knowledge or that the person exercised due diligence to
prevent the commission of the offence.

ves that the offence was committed without the person’s
knowledge or that the person exercised due diligence to
prevent the commission of the offence.

(3) Notwithstanding anything contained in subsection
(1), where an offence under this Act has been committed by
a company, and it is proved that the offence was committed
Offences by
companies.

ubsection
(1), where an offence under this Act has been committed by
a company, and it is proved that the offence was committed
Offences by
companies.

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with the consent or connivance of or is attributable to any
neglect on the part of any director, manager, secretary or
other officer of the company, such director, manager,
secretary or other officer shall also be deemed to have
committed that offence and shall, on conviction, be liable
to such penalty as prescribed in this Act for the offence. (4) For the purposes of this section—
(a) “company” means a body corporate and includes a
firm or other association of individuals; and
(b) “director”, in relation to a firm, means a partner in
the firm. 54. Section 110 of the Public Finance Management
Act is amended by–
(a) deleting the word “may” appearing immediately
after the words “Executive Committee” and
substituting therefor the words “shall” in the
headnote; and
(b) deleting the word “may” appearing immediately
after the words “Executive Committee” and
substituting therefor the word “shall” in subsection
(1). Consequential
amendments. PART VII—PROVISIONS ON DELEGATED
POWERS
55.

ecutive Committee” and
substituting therefor the word “shall” in subsection
(1). Consequential
amendments. PART VII—PROVISIONS ON DELEGATED
POWERS
55.

(1) The Cabinet Secretary, in consultation with the
Council of Governors, may make Regulations generally for
the better carrying into effect of any provisions under this
Act. (2) Without prejudice to the foregoing, Regulations
made under this section may provide for—
(a) measures for disaster prevention, mitigation,
preparedness, response and recovery;
(b) collection and publication of data relating to
disaster risk management
(c) establishment of designated public convergence
zones in case of emergencies;
(d) use of listed premises as shelters to manage a
disaster;
(e) activation of a disaster response plan;
Regulations.

ce
zones in case of emergencies;
(d) use of listed premises as shelters to manage a
disaster;
(e) activation of a disaster response plan;
Regulations.

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(f) conduct of public awareness and civic education
on disaster risk management;
(g) the forms of authorization issued under this Act;
(h) the criteria for classification of a disaster as a
national or county disaster;
(i) protection of emergency responders during
emergency and disaster response;
(j) the form and particulars of the register of disasters;
or
(k) any relevant rules, or standards required to be
prescribed. (3) For the purposes of Article 94(6) of the
Constitution—
(a) the purpose and objective of delegation under this
section is to enable the Cabinet Secretary to make
regulations to provide for the better carrying into
effect of the provisions of this Act and to enable
the Authority to discharge its functions more
effectively;
(b) the authority of the Cabinet Secretary to make
regulations under this Act shall be limited to
bringing into effect the provisions of this Act and
to fulfil the objectives specified under this section;
(c) the principles and standards applicable to the
regulations made under this section are those set
out in the Interpretation and General Provisions
Act and the Statutory Instruments Act.

cable to the
regulations made under this section are those set
out in the Interpretation and General Provisions
Act and the Statutory Instruments Act.

PART VIII—SAVING AND TRANSITIONAL
PROVISIONS
56. (1) A public officer currently serving in the
National Disaster Operations Centre and National Disaster
Management Unit shall be seconded to the Authority for a
period not exceeding three years. (2) A public officer in subsection (1) shall either—
(a) opt to return to the parent institution; or
(b) apply to be considered for employment by the
Authority. Transfer of Staff. 57. (1) All property, except such property as the
Cabinet Secretary may specify in writing, which,
immediately before the commencement of this Act, was
Transfer of
assets and
liabilities.

perty as the
Cabinet Secretary may specify in writing, which,
immediately before the commencement of this Act, was
Transfer of
assets and
liabilities.

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vested in the Government for the use of the National
Disaster Operations Centre and the National Disaster
Management Unit, for the purpose of disaster risk
management, shall, on the date of commencement of this
Act, vest in the Authority subject to all interests, liabilities,
charges, obligations and trusts affecting that property.
(2) All legal proceedings and claims pending in
respect of actions and activities to which this Act apply
shall be continued or enforced by or against the Authority
in the same manner as they would have been continued or
enforced by or against the Government had this Act not
been enacted.

or against the Authority
in the same manner as they would have been continued or
enforced by or against the Government had this Act not
been enacted.

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SCHEDULE (s. 17)
PROVISIONS AS TO THE CONDUCT OF
BUSINESS AND AFFAIRS OF THE BOARD
1. (1) The Board shall meet not less than four times
in every financial year and not more than four months shall
elapse between the date of one meeting and the date of the
next meeting. (2) Notwithstanding the provisions of subparagraph
(1), the chairperson shall, and upon requisition in writing
by at least five members convene a special meeting of the
Board at any time for the transaction of the business of the
Board. (3) Unless three quarters of the total members of the
Board otherwise agree, at least fourteen days’ written
notice of every meeting of the Board shall be given to
every member of the Board. (4) The quorum for the conduct of the business of the
Board shall be one half of all the members. (5) The chairperson shall preside at every meeting of
the Board at which he is present but, in his absence, the
members present shall elect one of their numbers to
preside, who shall, with respect to that meeting and the
business transacted thereat, have all the powers of the
chairperson.

one of their numbers to
preside, who shall, with respect to that meeting and the
business transacted thereat, have all the powers of the
chairperson.

(6) Unless a unanimous decision is reached, a decision
on any matter before the Board shall be by a majority of
votes of the members present and voting and, in the case of
an equality of votes, the chairperson or the person presiding
shall have a casting vote. (7) Subject to subparagraph (4), no proceedings of the
Board shall be invalid by reason only of a vacancy among
the members thereof. Convening of
meetings. 2. (1) If a member is directly or indirectly interested
in any contract, proposed contract or other matter before
the Board and is present at a meeting of the Board at which
the contract, proposed contract or other matter is the subject
of consideration, that member shall, at the meeting and as
soon as practicable after the commencement thereof,
disclose the fact and shall not take part in the consideration
or discussion of, or vote on, any questions with respect to
Disclosure of
interest by Board
Members.

fact and shall not take part in the consideration
or discussion of, or vote on, any questions with respect to
Disclosure of
interest by Board
Members.

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the contract or other matter, or be counted in the quorum of
the meeting during consideration of the matter:
Provided that, if the majority of the members present
are of the opinion that the experience or expertise of such
member is vital to the deliberations of the meeting, the
Board may permit the member to participate in the
deliberations subject to such restrictions as it may impose
but such member shall not have the right to vote on the
matter in question. (2) A disclosure of interest made under this paragraph
shall be recorded in the minutes of the meeting at which it
is made. (3) A member of the Board who contravenes
subparagraph (1) commits an offence and is liable to
imprisonment for a term not exceeding six months, or to a
fine not exceeding one hundred thousand shillings, or both. 3. Any contract or instrument which, if entered into
or executed by a person not being a body corporate, would
not require to be under seal, may be entered into or
executed on behalf of the Board by any person generally or
specially authorized by the Board for that purpose. Execution of
instruments. 4.

ed into or
executed on behalf of the Board by any person generally or
specially authorized by the Board for that purpose. Execution of
instruments. 4.

The Board shall cause minutes of all resolutions
and proceedings of meetings of the Board to be entered in
books kept for that purpose. Minutes.