Report On The Mediated Version Of The National Disaster Risk Management Bill, 2023

REPUBLICOFKENYA

THIRTEENTHPARLIAMENT-FIFTHSESSION

MEDIATIONCOMMITTEE ON THENATIONALDISASTERRISK MANAGEMENTBILL(NATIONALASSEMBLYBILLSNO.24OF2023)

REPORTOFTHEMEDIATIONCOMMITTEEONTHENATIONAL DISASTERRISKMANAGEMENTBILLNATIONALASSEMBLY BILL NO.24OF2023)

Clerk's Chambers, The Senate, Parliament Buildings, NAIROBI.

Clerk's Chambers TheNationalAssembly, Parliament Buildings, NAIROBI.

APRIL,2026

TABLEOFCONTENTS

| TABLEOFCONTENTS | |--------------------------------| | EXECUTIVESUMMARY | | LISTOFABBREVIATIONSANDACRONYMS | | ANNEXURES | | PREFACE | | EstablishmentoftheCommittee | | MandateoftheCommittee. VI | | MembershipoftheCommittee vii | | Secretariat. vili | | ADOPTIONLIST. ix | | CHAPTERONE | | 1.INTRODUCTION | | 1.1Background to theBill | | 1.2LegalFramework | | 1.3 Committee Meetings. 5 | | CHAPTERTWO. | | 2.COMMITTEEOBSERVATIONS | | CHAPTERTHREE | | 3.COMMITTEERECOMMENDATION |

EXECUTIVESUMMARY

This Report contains proceedings of the Mediation Committee on the National Disaster Risk Management Bill (National Assembly Bill No. 24 of 2023) that commenced its sittings on Tuesday, 31st March, 2026. Pursuant to Article 113 (4) of the Constitution, the Committeeis requiredto agree on aversion of theBill and table areportwithin thirty (30) days from its first sitting.

The National Disaster Risk Management Bill was published on 31st May, 2023 and read a first time on 9th August, 2023.

Theobjective of theBill is,toestablish theNational Disaster RiskManagement Authority and County Disaster Risk Management Committees, and to provide a legal frameworkfor the coordination of disaster risk management activities.

The Bill was considered by the National Assembly and passed with amendment on 20th June, 2024. Thereafter, the Bill was referred to the Senate for consideration in accordancewithArticle110(4)of theConstitutionandstandingorder144of the NationalAssemblyStandingOrders.

The Bill underwent First Reading in the Senate on Wednesday, 3rd July, 2024. Subsequently,theBill was committed to theStanding Committee on National Security, Defence and Foreign Relations for consideration in accordance with standing order 145 of theSenateStanding Orders.

The Senate considered and passed the Bill with amendments.

The Speaker of the Senate conveyed the decision of the Senate on the passage of Bill to the National Assembly on 15th April, 2025, pursuant to the provisions of Article 110 (4)oftheConstitution and standingorder 46(2)oftheSenateStandingOrders.

TheNational Assembly considered and rejected the amendments from theSenate on 24th July, 2025. Consequently, the Bill was referred to a Mediation Committee pursuant toArticle112oftheConstitution.

TheSpeaker oftheNational Assembly appointedMembersto theMediation Committee on 19th August, 2025 pursuant to standing order 149 (2) of the National Assembly Standing Orders.The Speaker of theSenate appointed Senatorsto theMediation Committee on 3rd November, 2025 pursuant to standing order 166 (2) of the Senate Standing Orders.

The Mediation Committee held a total of six(6) sittings. The first sittingwas held on Tuesday, 31st March 2026. The Mediation Committee held its last sitting on Saturday,

25th April,2026. The Mediation Committee considered and agreed on a version of the National Disaster Risk Management Bill (National Assembly Bills No. 24 of 2023) in accordance with Article 113 (2) of the Constitution.

The Committee is grateful to the Offices of the Speakers and Clerks of both Houses of Parliament for the logistical and technical support accorded to it in the execution of its mandate.

Finally, I express my appreciation to Members of the Mediation Committee for their patience, sacrifice, endurance and commitment to the assignment which enabled the Committee tocompletethetaskwithin thestipulated period.

It is now my pleasant privilege and honour to table the Report on the mediated version of theNational Disaster RiskManagementBill (National Assembly Bills No. 24 of 2023) to the House for approval pursuant to Article 113 (2) of the Constitution.

Hon. Peter Lochakapong, CBS, M.P. Sen. Mohamed Chute, CBS, M.P. Vice- Chairperson Chairperson

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LISTOFABBREVIATIONSANDACRONYMS

DRM

Disaster Risk Management

NDRMA

National Disaster Risk Management Authority

PFMAct

Public Finance Management Act

CoG

Council of County Governors

M.P.

Member of Parliament

NA

National Assembly

Senate

Senate of Kenya

ANNEXURES

• Annexure 1: Minutes of the Adoption of the Mediated Version of the National

Disaster Risk Management Bill (National Assembly Bills No. 24 of 2023)

Annexure 2:Speakers' Communications on Members of theMediation Committee

Annexure3:MediatedVersion of theNationalDisasterRiskManagementBill (National Assembly Bills No. 24 of 2023)

PREFACE

EstablishmentoftheCommittee

1. The Mediation Committee on the National Disaster Risk Management Bill (National Assembly Bills No. 24 of 2023) was constituted by the Speaker of the National Assembly, pursuant to standing order 149 (2) of the National Assembly Standing Orders on Tuesday, 19th August, 2025 and the Speaker of the Senate pursuant to standing order 166 (2) of the Senate Standing Orders on Monday, 3rd November, 2025.

MandateoftheCommittee

2. The Mediation Committee derives its mandate from the provisions of Article 113 of the Constitution, standing order 149 (2) of the National Assembly Standing Orders, and standing order166(2) oftheSenateStanding Orders.Theroleofthe Committee is to attempt to develop a version oftheBill that both Houses will pass in accordance with Article 113 (1). The passage of the version of the Bill developed by the Mediation Committee is in accordance with Article 113 (2), (3) and (4) of the Constitution. 3. Article 112 (1) (a) and (2) (b) of the Constitution and standing order 149 (1) of the National Assembly Standing Orders and standing order 166 (1) provide for the circumstances under which abill is referred to a Mediation Committee.

MembershipoftheCommittee

4. The Committee Membership comprised:

• Chairperson

• Vice-Chairperson

• 1) Hon. Peter Lochakapong, CBS, M.P.,

• 2) Sen. Mohamed Chute, M.P.

• 3)Hon. Mary Emaase, M.P.

-Member

• 4) Sen. Mwinyihaji Faki, M.P.

-Member

• 5) Hon. Pamela Njoki, M.P.

-Member

• 6) Sen. David Wakoli, M.P.

-Member

• 7) Hon. Majimbo Kalasinga, M.P.

-Member

• 8)Sen. Veronica Maina, M.P.

-Member

• 9) Hon. Kenneth Kazungu, M.P.

-Member

• 10)Sen. Raphael Chimera, M.P.

-Member

• 11)Hon. Umul Ker Kassim, M.P.

• Member

• 12)Sen. Karen Nyamu, M.P.

• Member

• 13)Hon. Antony Oluoch, M.P.

-Member

• 14)Sen. Joseph Githuku, M.P.

-Member

• 15)Hon. Catherine Omanyo, M.P.

-Member

• 16)Sen. Beth Syengo, M.P.

-Member

• 17)Hon. (Dr) Joyce Bensuda, M.P.

-Member

• 18)Sen. Crystal Asige, M.P.

-Member

Secretariat

5. The Committee is facilitated by the following staff:

1. Mr. Derick Koli

Principal Clerk Assistant I

2. Mr. Jimale Mohamed

Clerk Assistant I

• 3.Ms.Sisto Macharia

Clerk Assistant III

4. Ms. Lynn Aseka

ClerkAssistantIII

5. Mr. Sidney Lugaga

Principal Legal Counsel II

6. Mr. Moses Kenyanchui

Senior Legal Counsel

7. Mr. Moses Mwariri

Legal Counsel II

8. Mr. Gilbert Juma

Legal Counsel II

• 9.Ms.Rose Tabuke

Research Officer III

• 10.Mr. Matano Kataa

Research OfficerIII

• 11.Mr. Nademu Barasa

MediaRelationsOfficerIII

12. Mrs. Lydia Kagumba

Public Communications Officer II

• 13.Mr. Joseph Otieno

Audio Assistant

14. Mr. David Barasa

AssistantSerjeant-At-Arms

THIRTEENTHPARLIAMENT-FIFTHSESSION-2026 MEDIATIONCOMMITTEEONTHENATIONALDISASTERRISKMANAGEMENT

BILL(NATIONALASSEMBLYBILLSNO.24OF2023)

ADOPTIONOFTHEMEDIATIONCOMMITTEEREPORTONITS CONSIDERATIONOFTHENATIONALDISASTERRISKMANAGEMENTBILL (NATIONALASSEMBLYBILLSNO.24OF2023)

We, the Members of the Mediation Committee on the National Disaster Risk Management Bill, (National Assembly Bills No. 24 Of 2023) have, pursuant to National Assembly Standing Order 149 and Senate Standing Order l66,adopted this Report of the Mediation Committee on its Consideration of the National Disaster Risk Management Bill, (National Assembly Bills No. 24 Of authenticity:

DATE:

| | HON.MEMBER | SIGNATURE | |-----|-------------------------------------------------|-------------| | 1. | Hon. Lochakapong Peter, CBS, M.P. - Chairperson | | | 2. | Sen.Mohamed Chute,CBS,M.P.-Vice-Chairperson | | | 3. | Sen. Mohamed Faki Mwinyihaji, CBS, M.P. | | | 4. | Sen.David WafulaWakoli,CBS,M.P. | | | 5. | Sen.VeronicaW.Maina,CBS,M.P. | Vingl | | 6. | Hon. Mary Emaase, M.P. | | | 7. | Hon. (Dr.) Joyce Bensuda, M.P. | | | 8. | Hon. Anthony Olouch, M.P. | | | 9. | Hon. Njeru Pamela Njoki, M.P. | | | 10. | Hon. Kalasinga Joseph Majimbo, M.P. | | | 11. | Hon. Kenneth Kazungu, M.P. | | | 12. | Hon. Umul Ker Kassim Sheikh,M.P. | Vrtuul | | 13. | Hon. Catherine Omanyo, M.P. | | | 14. | Sen. Raphael Chimera Mwinzagu, M.P. | | | 15. | Sen. Karen Njeri Nyamu, M.P. | | | 16. | Sen. Joseph Githuku Kamau, M.P. | | | 17. | Sen. Beth Kalunda Syengo, M.P. | Virtuau | | 18. | Sen. Crystal Kegehi Asige, M.P. | pC |

CHAPTERONE

1.INTRODUCTION

1.1 Background to the Bill

• 6.The National Disaster Risk Management Bill (National Assembly Bills No. 24 of 2023)waspublishedvideKenyaGazetteSupplement No.80 of 2023of 31st May, 2023 and was introduced in the National Assembly by way of First Reading on 9th August, 2023.

7. The National Disaster Risk Management Bill was published on 31st May, 2023 and read a first time on 9th August, 2023. The objective of the Bill is, to establish the National Disaster Risk Management Authority and County Disaster Risk Management Committees,andtoprovide alegal frameworkforthecoordination of disasterriskmanagementactivities.

• 8.TheBill was considered by the National Assembly and passed with amendment on 20th June, 2024. Thereafter, the Bill was referred to the Senate for consideration in accordancewithArticle110(4)of theConstitutionandstandingorder144of the NationalAssemblyStandingOrders.
• Subsequently,theBill wascommitted totheStanding Committee onNational Security, Defence and Foreign Relations for consideration in accordance with standingorder145oftheSenateStandingOrders.TheSenateconsideredandpassed the Bill with amendments.

10. The Speaker of the Senate conveyed the decision of the Senate on the passage of Bill to the National Assembly on 15th April, 2025, pursuant to the provisions of Article110 (4) of the Constitution and standing order 46 (2) of the SenateStanding Orders. 11. The National Assembly considered and rejected the amendments from the Senate on 24th July, 2025. Consequently, the Bill was referred to a Mediation Committee pursuanttoArticle112oftheConstitution.

• 12.The Speaker of the National Assembly appointed Members to the Mediation Committee on 19th August, 2025 pursuant to standing order 149 (2) of the National Assembly Standing Orders. The Speaker of the Senate appointed Senators to the

Mediation Committee on 3rd November, 2025 pursuant to standing order 166 (2) of the Senate Standing Orders.

1.2LegalFramework

• 13.Article112 oftheConstitution states asfollows—

• (1)If oneHousepasses an ordinaryBill concerning counties,and the second House--

• (a) rejectstheBill,itshallbereferredtoamediationcommitteeappointed under Article 113;or

• (b) passestheBillin anamendedform,itshallbereferredbacktothe originatingHouseforreconsideration.

• (2)IfaftertheoriginatingHousehasreconsideredaBillreferredbacktoit under clause (1)(b),that House—

• (a) passes theBillas amended,theSpeakerof thatHouseshallrefertheBill tothePresidentwithinsevendaysforassent;or

• (b) rejectstheBillasamended,theBillshallbereferredtoamediation committeeunderArticle113.

14. Standing order 149 of the National Assembly Standing Orders provides as follows

149(l)ABillshall bereferred toa mediationcommitteewhenever the Assembly-

• (a) doesnotagreetoalloranyoftheamendmentsmadebytheSenateto aBill concerningCountygovernments which originatedin the Assembly;

• (b) rejectsaMotionthataBillwhich originatedin theSenatebereada SecondorThirdTime;or

• (c) agreeswith thereport of theCommitteeofthewholeHouseproposing thedeletionofallclausesofaBilloriginatingfromtheSenate.

• (2)TheSpeakersof bothHouses shall appoint amediationcommitteeconsisting ofequal numbers of Members of eachHouse,to attempt todevelop aversionof theBillthatbothHouseswillpass.

• (3)ThequorumofMembersoftheAssemblywhoshallbepresenttotakepartin asittingofamediationcommitteeshallbeathirdofthoseMembers;andno sittingoftheCommitteeshallbevalidlyconstitutedunlessthereisalsopresent alikequorumofMembersoftheSenate.

• (4)TheChairperson andViceChairpersonof amediationcommitteeshall be appointedbythemajorityoftheMemberspresentatthefirstmeetingthereof.

• (5)TheChairperson and thevice-chairpersonofamediationcommitteeshall notbeMembersof thesameHouse.
• (6)IfamediationcommitteefailstoagreeonaversionoftheBillwithinthirty days,or if aversion proposed by the committee is rejected by eitherHouse,the Bill is defeated.
• (7) The Clerk shall transmit a Message to theSenatein respect of a decision of theNational Assemblyunder thisStandingOrder.

15. Standing order 166 of the Senate Standing Orders provides as follows-

• (1) ABill shall bereferred to theMediation Committeewhenever theSenateAssembly to a Bill concerning county governments which originated in

(a)doesnot agreeto all or any of the amendmentsmadeby theNational theSenate;or

• (b)rejectsaMotionthataBillwhichoriginatedintheNationalAssembly bereadaSecondorThirdTime;
• (2) TheSpeakers of both Houses shall appoint a Mediation Committee consisting of equal numbers of members of eachHouseto attempt todevelopaversion of theBill thatbothHouseswillpass.
• (3)ThequorumofSenatorswhoshallbepresenttotakepartinasittingofa MediationCommitteeshallbeathirdoftheSenatorsofthecommitteeandno sittingoftheCommitteeshallbevalidlyconstituted unlessthereisalsopresent a likequorumofMembersof theNationalAssembly.
• (4)The ChairpersonandVice-Chairpersonof theMediation Committeeshall be appointedby themajorityof thememberspresent at thefirstmeetingof the Committee.
• (5)TheChairperson and theVice-Chairperson oftheMediationCommitteeshall notbemembersofthesameHouse.
• (6)IftheMediationCommitteefailstoagreeonaversionoftheBillwithinthirty daysoftheappointmentoftheCommitteebytheSpeakersoftheHousesunder paragraph(2),orifaversionproposedbytheCommitteeisrejectedbyeither House, theBill is defeated.

16. With regard to the conduct of mediation on a Bill, Article 113 of the Constitution states-

(1)IfaBillisreferredtoamediationcommitteeunderArticle112,theSpeakers of bothHouses shall appoint amediationcommitteeconsistingof equal numbers ofmembersofeachHousetoattempttodevelopaversionof theBill thatboth Houses will pass.

• (2)Ifthemediationcommittee agrees onaversionof theBill,eachHouseshall votetoapproveorrejectthatversionoftheBill.
• (3)IfbothHousesapprovetheversionoftheBillproposedbythemediation committee,theSpeakeroftheNationalAssemblyshallrefertheBilltothe Presidentwithinseven daysfor assent.

(4)IfthemediationcommitteefailstoagreeonaversionoftheBillwithinthirty days,orifaversionproposedbythecommitteeisrejectedbyeitherHouse,the Billisdefeated.

• 17.Pursuant to standing order 149 of the National Assembly Standing Orders and standing order 166 of the Senate Standing Orders -
• (a) quorumof themediationcommittee isthirdoftheSenatorsof the committee and third members of theNational Assembly ofthe committee;
• (b) Chairperson and Vice-Chairperson of the Mediation Committee shall be appointed by the majority of the members present at the first meeting of the Committee; and
• (c) TheChairperson and theVice-Chairperson of theMediation Committee shall not be members of the same House.
• 18.Pursuant to the provisions of standing order 150 of theNational AssemblyStanding Ordersand standingorder167oftheSenateStandingOrders-
• (1) The report of a mediation committee on a Bill prepared in terms of Article 113 of the Constitution shall be laid on the Table of the House by a Member of themediation committee authorized by the committeein that behalf.
• (2)Wherethereportof amediation committeeisto theeffectthat the committeehasfailedtoagree onaversionof theBill or where the mediation committeefailsto agreeon aversion of theBillwithin thirty days from the date the Bill was referred to it, the Bill shall stand defeated in terms of Article 113(4) of the Constitution.
• (3)Wherethereport ofamediation committeeincludes an agreedversionof the Bill in terms of Article 113(2) of the Constitution, the House shall report oftheMediation Committee be approved"and the House shall vote to approve or reject the Motion.
• (4) If the motion under paragraph (3) is -
• (a) disagreed to, the Clerk ofeach House shall send a Message to the other be defeated; or

• (b) agreed to,the Clerk of each House shall send a Message to the other House signifying such agreement, and the Bill shall be deemed to have been passed by both Houses in the form agreed to by the mediation committeeandtheSpeakeroftheNationalAssemblyshallreferthe Bill to thePresidentfor assent within seven daysin terms of Article 113(3)oftheConstitution.
• (5) Pursuant to the provisions of Article 110(5) of the Constitution,if both Houses pass the Bill in the same form, the Speaker of the House in which the Bill originated shall, within seven days, refer the Bill to the President forassent.

1.3CommitteeMeetings

19. The Mediation Committee held a total of six (6) sittings. The first sitting was held on Tuesday, 31st March 2026. The Mediation Committee held its last sitting on Saturday, 25th April,2026. The Mediation Committee considered and agreed on a version of the National Disaster Risk Management Bill (National Assembly Bills No. 24 of 2023) in accordance with Article 113 (2) of the Constitution. 2. 20.During the first sitting, the Mediation Committee elected the Hon. Peter Lochakapong, CBS, M.P., as the Chairperson and Sen. Mohamed Chute, CBS, M.P. as the Vice-Chairperson, pursuant to Standing Order 149 (4) of the National Assembly Standing Orders and Standing Order 166(4)of the Senate Standing Orders.

CHAPTERTWO

2.COMMITTEEOBSERVATIONS

21.TheCommitteeconsidered theBill and observed asfollows-

Clauses2,3,4,9,10,28,and32

Observation

The Committee adopted the proposed amendments to clauses 2, 3, 4, 9, 10, 28, and 32 of the Bill.

Clause 6

CommitteeObservation

The amendment proposed to delete the provision providing for the establishment of officesby theAuthority andinstead recommendedthat theAuthoritycollaborateswith the County Governments.

Committeeresolution

TheMediation Committee resolved not to adopt theproposed amendment.

Clause 7

CommitteeObservation

The amendment proposed to insert new paragraphs (ma), (mb) and (mc) assigning additionalfunctionsto the authorityrelatingto climate change,coordination of damage assessment andconduct ofbi-annualdisasterpreparednessdrills.

CommitteeResolution

The Committee resolved to adopt the amendmentswith the modification that national disaster drills shall be conducted annually under paragraph (mc).

The Committee agreed with the following wording of the provision which was modified-

(mc) carry out annual national drill exercises, as part of disaster risk managementpreparedness;

Clause 27

CommitteeObservation

Theamendmentsought toprovidethatdevelopmentandmaintenanceofanelectronic database on disastersbe doneinconsultationwithcountygovernments.

CommitteeResolution

The Committee resolved to adopt the amendments with the modification that development of the electronic database be done in consultation with county governments and the maintenance be done by the Authority.

The Committee agreed with the following wording of the provision which was modified—-

ThatClause27of theBillbeamended-

• (a) immediately after the words "shall develop" and substitute therefor with the words "and in consultation with county governments."
• (b) introducing a new subclause (1A) immediately after subclause (1) as follows --

(1A)The Authority shall beresponsible for the maintenance of the database developed under subsection (1).

Clause 29

CommitteeObservation

The amendment sought to require that the Cabinet Secretary consult the Council of County Governors before making regulations on the classification of disasters.

CommitteeResolution

The Committee resolved not to adopt the proposed amendment on the ground that it is adequatelycoveredunderclause52oftheBill.

Clause 52

CommitteeObservation

The amendment proposed to delete and rename the heading of Part VlI of the Bill from "Provisions on Delegated Powers" to "Miscellaneous Provisions."

CommitteeResolution

The Committee resolved not to adopt the proposed amendment.

New Clauses 41A,41B,41C and 41D

CommitteeObservation

The amendment sought to introduce new clauses 41A, 41B, 41C and 41D to provide for the establishment of a Disaster Risk Management Fund, define its sources of funding and objectives, and consolidate all existing disaster risk management funds into a single Fund.

CommitteeResolution

The Committee resolved not to adopt the proposal to insert new clauses 41B, 41C and 41D.The Committeefurther resolved to adopt the proposal for new clause 41A with modification to the extent that there was need to provide powers to establish a Disaster RiskManagementFundinaccordancewithsection24(4)of thePublicFinance Management Act (Cap.412A).

The Committee agreed with the following wording of the provision which was modified-

41A. The Cabinet Secretary responsible for finance may establish a Disaster RiskManagementFundin accordancewithsection24(4)of theofthePublic FinanceManagementAct.

New Clause 41E

Committeeobservations

The amendment sought to provide that the Cabinet Secretary for Finance may exempt through regulation, any materials, articles, goods, or equipment intended for disaster management activities from import duty, value added tax, demurrage charges, port charges, and any other applicable taxes.

CommitteeResolution

TheCommitteeresolvedtoadopttheamendment.

New Clause52A

CommitteeObservations

The amendment sought to amend the Public Finance Management Act, Cap. 412A: by governments to establish CountyEmergencyFunds; and toset out the conditions under

CommitteeResolution

The Committee resolved not to adopt paragraphs (a) and (c) of the amendment that propose to define the terms "emergency" and "disaster", and to set out the conditions underwhichcountiesmayaccess andexceed theiremergencyfundallocations.The Committee further resolved to adopt paragraph (b) of the amendment to make it mandatory for county governments to establish County Emergency Funds.

CHAPTERTHREE

3.COMMITTEERECOMMENDATION

• 22.The Mediation Committee having considered the National Disaster Risk Management Bill (National Assembly Bills No. 24 of 2023) recommends that this HouseADOPTS theReportandAPPROVESthe agreedversionoftheNational Disaster Risk Management Bill, (National Assembly Bills No. 24 of 2023) attached as annexure 3 to the Report.

Signed.

Signed...

22

8A61202S

Date...

Date.

HON.PETERLOCHAKAPONG, CBS,M.P.,CHAIRPERSON

SEN.MOHAMMEDCHUTE,CBS, M.P.,VICECHAIRPERSON