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{
"id": 1415151,
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"content": "THE NATIONAL DISASTER RISK MANAGEMENT BILL (National Assembly Bill No.24 of 2023)"
},
{
"id": 1415152,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1415152/?format=api",
"text_counter": 444,
"type": "speech",
"speaker_name": "Hon. Peter Kaluma",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 1565,
"legal_name": "George Peter Opondo Kaluma",
"slug": "george-peter-opondo-kaluma"
},
"content": " Mover, Hon. Lochakapong."
},
{
"id": 1415153,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1415153/?format=api",
"text_counter": 445,
"type": "speech",
"speaker_name": "Sigor, UDA",
"speaker_title": "Hon. Peter Lochakapong",
"speaker": null,
"content": " Hon. Temporary Speaker, on behalf of the Leader of the Majority Party, I beg to move that the National Disaster Risk Management Bill (National Assembly Bill No.24 of 2023) be now read a Second Time. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor"
},
{
"id": 1415154,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1415154/?format=api",
"text_counter": 446,
"type": "speech",
"speaker_name": "Sigor, UDA",
"speaker_title": "Hon. Peter Lochakapong",
"speaker": null,
"content": "I thank the Departmental Committee on Regional Development for a job well done. Hon. Temporary Speaker, as you are aware, the Bill seeks to provide a legal framework for the co-ordination of disaster risk management activities in both levels of Government by establishing an Intergovernmental Council on Disaster Risk Management and the National Disaster Management Authority (NDMA) to ensure co-ordination of disaster risk management issues."
},
{
"id": 1415155,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1415155/?format=api",
"text_counter": 447,
"type": "speech",
"speaker_name": "Sigor, UDA",
"speaker_title": "Hon. Peter Lochakapong",
"speaker": null,
"content": "Further, the Bill approaches disaster risk management in a manner that seeks first to respond effectively in a timely manner to any disaster and prevent the adverse effects of a disaster."
},
{
"id": 1415156,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1415156/?format=api",
"text_counter": 448,
"type": "speech",
"speaker_name": "Sigor, UDA",
"speaker_title": "Hon. Peter Lochakapong",
"speaker": null,
"content": "Hon. Temporary Speaker, the following Articles of the Constitution explicitly recognise the importance of disaster risk management, mandating the Government to ensure the sustainable management and contravention of the environment including disaster risk reduction namely: 1. Article 58(1)(a) on state of emergency provides that a natural disaster may lead to the declaration of a state of emergency. 2. Article 69(1)(a) on the obligations of the State in respect of environment provides that, the State shall eliminate processes and activities that are likely to endanger the environment including disaster. 3. Article 241(3)(b) provides that: “(3) The Defence Forces— (a) shall assist and cooperate with other authorities in situations of emergency or disaster, and report to the National Assembly whenever deployed in such circumstances.” Hon. Temporary Speaker, the Fourth Schedule of the Constitution provides that disaster management is a shared function between the national and county governments. I now seek to highlight the contents of the Bill. The Bill has 57 Clauses and Part 1 which is preliminary has Clauses 1 to 4. This Bill provides for the preliminary provisions and outlines the application of the Bill with the principal object seeking to provide a legal framework for the coordination of disaster risk management activities."
},
{
"id": 1415157,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1415157/?format=api",
"text_counter": 449,
"type": "speech",
"speaker_name": "Sigor, UDA",
"speaker_title": "Hon. Peter Lochakapong",
"speaker": null,
"content": "Clause 3 sets out the objects of the Bill which are; to provide a legislative framework for disaster risk management; enhance an effective and coordinated disaster preparedness, prevention, response, mitigation and recovery; to reduce disaster risks and vulnerabilities at the national and county levels of Government; and to enhance resilience to the impacts of disaster risks and climate change at both the national and county levels of Government."
},
{
"id": 1415158,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1415158/?format=api",
"text_counter": 450,
"type": "speech",
"speaker_name": "Sigor, UDA",
"speaker_title": "Hon. Peter Lochakapong",
"speaker": null,
"content": "Clause 4 of the Bill provides the guiding principles on disaster risk management, which include: 1. 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. 2. All hazards approach in managing disaster. 3. Enhancing local disaster risk management capability as the front line to disaster risk management. 4. Respect, ethics and professional standards. 5. Transparency and accountability. 6. Commitment in service to the people. 7. Supporting the national Government and the county governments, including local communities, in disaster risk management. Part II is on the establishment of the institutional framework on disaster risk management. That is in Clauses 5 to 29. The Committee proposes that the Bill be amended by deleting Clauses 5, 6, 7 and 8. The justification is that these clauses provide for the The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor"
},
{
"id": 1415159,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1415159/?format=api",
"text_counter": 451,
"type": "speech",
"speaker_name": "Sigor, UDA",
"speaker_title": "Hon. Peter Lochakapong",
"speaker": null,
"content": "establishment of the Intergovernmental Council that comprises 10 members. The Committee recommends its deletion for the following reasons: 1. The proposed Intergovernmental Council will be bureaucratic and the reporting structure is unclear as to how more than a third of the Cabinet, as currently constituted, will be reporting to the same Cabinet. 2. The arrangement may occasion delays in the critical decision-making process for effective disaster risk management, more specifically, during response. The Authority is best placed to discharge the functions. 3. The proposed establishment of the Intergovernmental Council would distort the principles of good governance. 4. The functions of the proposed Intergovernmental Council may conflict with the functions of the proposed National Disaster Risk Management Authority and the Board of the Authority. Both the Intergovernmental Council and the National Disaster Risk Management Authority established under Clause 9 are supposed to perform the functions of coordinating, monitoring and implementing the function of disaster risk management. 5. It offends the principle of co-operation between the national Government and the county governments. Out of the 10 members of the Intergovernmental Council proposed, nine are members of the Cabinet, and only one is from the Council of Governors. Clauses 9 to 30 establish the National Disaster Risk Management Authority, whose headquarters shall be in Nairobi. However, the Authority may establish such other offices as it considers necessary for the discharge of its functions. The clauses further provide for the functions of the Authority and outline its composition, qualifications of members and the functions of the Board of the Authority. It is worth noting that Clause 13 provides for the composition of the Board. The Committee proposes an amendment to ensure adherence to the Mwongozo Code of Governance, which recommends a membership of between seven and nine members. Part III of the Bill is on the classification of disaster, plans and electronic information systems. That is from Clauses 31 to 34. Clause 31 places a duty on the Authority to develop and maintain an electronic database containing: 1. Particulars of national and county organs involved in disaster risk management. 2. Non-Governmental organisations involved in disaster risk management, including foreign ones and experts. 3. Information concerning disasters. 4. A directory of role players. 5. Emergency response resources and capacity. 6. Emergency preparedness. 7. Classification of disasters. 8. Disaster risk management research and training facilities. Clause 32 of the Bill states that the Authority shall develop and regularly review the national disaster risk management plan and strategy for State organs and other players involved in disaster risk management and collaborate with the counties in coordinating the implementation of the policies, plans and strategies. Clause 33 of the Bill provides for the classification of disasters. When a disaster occurs or threatens to occur, the Authority shall determine whether the event is a disaster under the Act. Once it is declared a disaster, the Authority shall: 1. Assess the magnitude and severity or potential magnitude and severity. 2. Classify the disaster as a county or national disaster. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor"
},
{
"id": 1415160,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1415160/?format=api",
"text_counter": 452,
"type": "speech",
"speaker_name": "Sigor, UDA",
"speaker_title": "Hon. Peter Lochakapong",
"speaker": null,
"content": "3. Record the particulars concerning the disaster in a register. A county disaster is one that affects a single county, which the county is unable to effectively manage, whereas a national disaster is one that affects more than one county or a single county that is unable to effectively manage it. A disaster can befall a county but where a county may be unable to manage it, it becomes a national disaster. Again, where a disaster affects more than one county, it can also be classified as a national disaster. Clause 34 gives the President the authority to declare a national state of disaster. The declaration shall contain the reasons and duration. During the subsistence of a declaration, the President may make orders or issue directives concerning the release of available resources, for instance, stores, equipment, facilities, vehicles, and the release of personnel for rendering of emergency services, among others. Part IV of the National Disaster Risk Management Bill is on County Disaster Risk Management Committees. This is in Clauses 35 to 44. Clauses 35 to 39 establish a County Disaster Risk Management Committee in each county and its composition, functions, powers and conduct of business and affairs. In addition, Clause 40 requires each county to establish a County Disaster Risk Management Centre, which shall be headed by an expert in disaster risk management, who shall be competitively recruited by the County Public Service Board. The functions of the County Disaster Risk Management Centre include implementing the decisions of the committee specialising in matters concerning disaster risk management in the county and promoting an integrated and coordinated approach to disaster risk management in the county, among other functions. Clauses 41 to 44 provide for the procedure during disaster events. If a disaster occurs or is forecasted to occur, a county committee shall determine whether the event is a disaster under the Act and if so, it shall assess the magnitude and severity or potential magnitude and severity of the disaster, implement applicable contingency plans and emergency procedures, and inform the Authority of the disaster. Part V of the Bill, that is Clauses 45 to 48, is on financial provisions. It outlines the source of the funds for the Authority, which consists of monies appropriated by the National Assembly, monies as may accrue to the Authority in the performance of its function, and monies from any other source provided for, donated, or lent to the Authority. Part VI of this Bill, that is Clauses 49 to 55, are on miscellaneous provisions. Clauses 49 to 50 place a duty on the members of the board, staff, or agents of the Authority to safeguard the information held by the Authority. Clauses 51 to 55 provide for the offences to include obstruction and refusal to comply with directions, false claims, false alarms or warnings, and the misappropriation of relief money or materials meant to provide relief during a disaster."
}
]
}