Report On Consideration Of Senate Amendment To The National Disaster Risk Management Bill, 2023

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THENATIONALASSEMBLY THIRTEENTHPARLIAMENT-FOURTHSESSION-2025

DIRECTORATEOFDEPARTMENTALCOMMITTEES DEPARTMENTALCOMMITTEEONREGIONALDEVELOPMENT

RISKMANAGEMENTBILL(NATIONALASSEMBLYBILLNO.24OF2023)

CLERK'SCHAMBERS DIRECTORATEOFDEPARTMENTALCOMMITTEES PARLIAMENTBUILDINGS NAIROBI

JULY2025

TableofContents

| ANNEXURES.. | ANNEXURES.. | |--------------------------|---------------------------------------------------------------------------------------------| | CHAIRPERSON'SFOREWORD. | CHAIRPERSON'SFOREWORD. | | CHAPTER ONE. | CHAPTER ONE. | | 1PREFACE. | 1PREFACE. | | | 1.1EstablishmentandMandateoftheCommittee. | | 1.2 | Subjectsunder theCommittee. | | 1.3 CommitteeMembership. | 1.3 CommitteeMembership. | | CHAPTERTWO.. 6 | CHAPTERTWO.. 6 | | 2.1 | OVERVIEWOFTHENATIONALDISASTERRISKMANAGEMENTBILL,2024 (NATIONALASSEMBLY BILL NO.24 OF2023).. | | 2.2 | AMENDMENTSBYSENATE | | 2.3 | 13 | | CHAPTERTHREE 16 | CHAPTERTHREE 16 | | 3.0 | COMMITTEEOBSERVATIONS. .16 | | 3.1 | PROPOSEDNEWCLAUSESFORINCLUSIONINTHEBILL .20 | | CHAPTERFOUR. 23 | CHAPTERFOUR. 23 | | 3.0 | COMMITTEERECOMMENDATIONS 23 |

ANNEXURES

Annexure 1:Report adoption Schedule

Annexure2:Minutes

Annexure3:

Copy of the amendments by Senate

Annexure4:Speaker'sCommunication on theSenate amendments

CHAIRPERSON'SFOREWORD

This report contains proceedings of the Departmental Committee on Regional Development on theconsiderationoftheSenateAmendmentstotheNationalDisasterRiskManagement Bill(National AssemblyBill No.24 of 2023)whichwaspassed by theNational Assembly on 4th June, 2024 and submitted to the Senate pursuant to the provisions of Standing Order 142 of the National Assembly Standing Orders. The Senate considered and passed the Bill with amendments on Tuesday,15th April 2025.

The Senate amendments to the Bill were referred to the Departmental Committee on Regional Development for consideration and reporting back to the House on 3oth April 2025.

The Committee held two (2) sittings to consider the Senate Amendments to the National Disaster Risk Management Bill (National Assembly Bill No.24 of 2023). The Committee agreed with the amendments proposed by the Senate to clauses 2, 3, 4, 7 (ma) and (mb), 9, 10, 28 and 32 but rejected the amendments proposed to clauses 6, 7(mc), 27, 29, new clauses 41A, 41B, 41C, 41D, 41E and 52A because of various reasons that are provided in Chapter III of this Report.

Acknowledgements

The Committee registers its appreciation to the Offices of the Speaker, Office of the Clerk of the National Assembly, Director, Departmental Committees, and the Committee Secretariat for the logistical support extended during the vetting process.

I acknowledge and appreciate the Members of the Committee for their patience, sacrifice, and commitment,whichenabled theCommitteetoeffectivelyundertakeitslegislativemandate.

On behalf of the Departmental Committee on Regional Development and pursuant to Standing Order 199(6), it is my pleasant duty to table the Report of the Departmental CommitteeonRegionalDevelopmentonits considerationof theSenateAmendmentstothe National Disaster Risk Management Bill (National Assembly Bill No. 24 of 2023).

HON.PETERLOCHAKAPONG,M.P (CHAIRPERSON)

DEPARTMENTALCOMMITTEEONREGIONALDEVELOPMENT

1PREFACE

1.1EstablishmentandMandateoftheCommittee

• 1.The Departmental Committee on Regional Development is one of theDepartmental Committees of theNational Assembly establishedunderStandingOrder 216whose mandatespursuant to theStanding Order 216(5) are as follows:
• Toinvestigate,inquire into,andreport onall matters relating tothe mandate,management, activities,adninistration,operationsandestimatesoftheassignedministriesanddepartments;
• ll. Tostudy theprogramme andpolicy objectivesofministries anddepartmentsand theeffectiveness oftheimplementation;
• lii. onaquarterlybasis,monitorandreportontheinplementationofthenationalbudgetinrespect ofitsmandate;
• iv. Tostudy andreviewall legislationreferredtoit;
• U. Tostudy,assess and analysetherelativesuccessoftheministriesanddepartmentsasmeasuredby theresultsobtainedascomparedviththeirstatedobjectives;
• Ul. Toinvestigateandinquireintoallmattersrelatingtotheassignedministriesanddepartments astheymay deemnecessary,andas may bereferred tothemby theHouse;
• '772 To vet and report on all appointments where the Constitution or any lavw requires the National Assembly to approve,e.xcept those underStandingOrder204(Committee onAppointments);
• '7772 Toexaminetreaties,agreementsandconventions;
• lr. Tomake reports and recommendations to the House as often as possible,including recommendationofproposedlegislation;
• x. ToconsiderreportsofCommissions andIndependentOffices submittedtotheHousepursuant to theprovisionsof Article254oftheConstitution;and
• xi. ToexamineanyquestionsraisedbyMembersonamatterwithinitsmandate.

1.2 Subjects under the Committee

• 2.In accordance with the Second Schedule of the Standing Orders,the Committee is mandated tooversee:
• (a)Regional development, including regional development authorities;
• (b) Refugee affairs;
• (c) Devolution;
• (d) Inclusive growth;
• (e) Arid and semi-arid areas;
• ( Disasterriskmanagement;
• (g) Drought, famine, and disaster response; and
• (h)Post-disaster recovery and rehabilitation.
• 3.Inexecutingitsmandate,the Committee oversees theStateDepartment for ASALSand Regional Development,the State Department for Devolution,State Department of Special Programmes and the Department of Refugee Affairs.

CHAPTERONE

1.3 Committee Membership

• 4.The Departmental Committee on Regional Development was first constituted by the House on Thursday,27th October 2022,and further reconstituted on 6th March 2025,and comprises of the following Members:

Chairperson

Hon Lochakapong Peter, M.P.

Sigor Constituency

United Democratic Alliance (UDA)

Vice Chairperson Hon. Paul Abuor, M.P. Rongo Constituency

OrangeDemocraticMovement(ODM)

Members

| Hon. Sudi Oscar Kipchumba, M.P. Kapseret Constituency United Democratic Alliance (UDA) | Hon.Mawathe Julius Musili,M.P Embakasi South Constituency WiperDemocraticMovement-Kenya | |------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------| | Hon. Kalasinga Joseph Majimbo, M.P. | Hon. Nabulindo Peter Oscar, M.P. | | Kabuchai Constituency | Matungu Constituency | | Ford-Kenya Party | OrangeDemocraticMovement(ODM) | | Hon. Munyoro Joseph Kamau, M.P. | Hon. Njeru Pamela Njoki, M.P. | | Kigumo Constituency | Embu County Women Representative | | United Democratic Alliance (UDA) | United Democratic Alliance (UDA) | | Hon. Maina Mwago Amos, M.P. | Hon.Abdi Khamis Chome, M.P. | | Starehe Constituency | Voi Constituency | | Jubilee Party | Wiper Democratic Movement-Kenya | | Hon. Tungule Charo Kazungu, M.P. | Hon. CPA Geoffrey Wandeto, M.P. | | Ganze Constituency | Tetu Constituency | | Pamoja African Alliance (PAA) | United Democratic Alliance (UDA) | | Hon. Otucho Mary Emaase, M.P. | Hon. Umul Ker Kassim Sheikh, M.P. | | Teso South Constituency | Mandera County Women Representative | | United Democratic Alliance (UDA) | UnitedDemocraticMovement(UDM) | | Hon. Basil Robert Ngui, M.P. | | | Yatta Constituency | | | WiperDemocraticMovement-Kenya | |

1.4CommitteeSecretariat

• 5.TheCommitteeisfacilitated by the followingstaff

Mr.MohamedBoru

ClerkAssistantI/HeadofSecretariat

Mr.Sisto Macharia

ClerkAssistantIII

| Ms. Agnes Ibara Hansard Reporter II | Mr.Moses Mwariri | |---------------------------------------|-------------------------------| | | Legal Counsel II | | CPA. Cyrille Mutali | Ms.Rose Tabuke | | Fiscal Analyst II | Research OfficerIII | | Ms.MwanashaJuma | Ms. Deborah Mupusi | | AssistantSergeant-at-Arms | MediaRelationsOfficerHI | | Mr. Kelvin Lengasi | Mr.Jared Onyancha | | AudioOfficerII | PublicCommunicationOfficerIml |

CHAPTERTWO

2.1 OVERVIEW OF THENATIONALDISASTERRISKMANAGEMENTBILL, 2024 (NATIONAL ASSEMBLY BILL NO.24 OF 2023)

6. The National Disaster Management (National Assembly Bill No. 23 of 2023) is a Bill sponsored by the Leader of the Majority Party, Hon. Kimani Ichungwa'h. The Bill seeks 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 connected purposes. 2. 7.The National Assembly considered and passed the Bill on 4th June, 2024 and thereafter, pursuant to Article1io(4)of the Constitution,referred the Bill tothe Senate for consideration. 8. The Senate considered the Bill and pursuant to Article 112(1)(b) of the Constitution, passed theBillin an amendedform andhasreferred theBillbacktotheNational Assembly for concurrence. The amendments were subsequently referred to the Departmental Committee on Regional Development on 3oth April, 2025.

2.2AMENDMENTS PROPOSED BY SENATE

9. The Senate proposed amendments to clauses 2, 3, 4, 6, 7, 9, 10, 27, 28, 29, 32 and clause 52. They also proposed introduction of new clauses 41A, 41B, 41C, 41D, 41E and 52B. They proposed that:

SenateAmendmenttoClause2

10. Clause 2 be amended by inserting the following new definitions immediately after the definition of the words"climate change"-—

"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"

"emergency" means an actual or imminent situation that arises suddenly poses immediate threat of life, health, property, environment, infrastructure, economic stability orpublic 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

"emergency responders" refers to a person involved in an organized response to a potential, actual or impending emergency, including gbutnotlimitedto firefighters, police officers, emergency medical personnel, county government emergency management personnel, national government emergency management personnel, military personnel or an officer of a recognized humanitarian organization dealing with disaster response.

AnalysisofSenateAmendmenttoClause2

Clause 2providesfor theinterpretationwhich sets out definitions ofvariouswordsand phrases used in the Bill.

SenateAmendmenttoClause3

11. Clause 3 of the Bill be amended by inserting the following new paragraphs immediately after paragraph (b)—— 2. (ba) provide for appropriate and dignified assistance and relief to victims and casualties of disasters; 3. (bb) promote inclusiveness and a multidisciplinary and multi-sectoral approach to disaster management.

AnalysisofSenateAmendmenttoClause3

The amendment proposed to clause 3 of the Bill seeks to introduce a new additional object of the Act.

SenateAmendmenttoClause4

12. Clause 4 be amended by deleting paragraph (e) and substituting therefor the following new paragraph- 2. (e) the national values and principles of governance under Article 10 of the Constitution.

Analysis of SenateAmendment to Clause 4

Clause 4 of the Bill provides for the guiding principles of disaster risk management. This proposal seeks to have the values under Article 10 of the Constitution as part of the guiding principles.

SenateAmendmenttoClause6

13. Clause 6 be amended by deleting sub-clause (2) and substituting therefor the following new sub-clause

• (2) The Authority shall collaborate with the County Disaster Risk Management Committees in all counties in the discharge ofits functions.

AnalysisofSenateAmendment toClause 6

This Clause provides for the headquarters of the Authority. The Bill in sub-clause (2) provides that the Authority may establish such offices as it considers necessary for the discharge of its function. Senate seeks to delete this provision to provide that the Authority shall instead collaborate with County Disaster Risk Management Committees in all counties in the discharge ofits functions.

SenateAmendmenttoClause7

14. Clause 7 of the Bill be amended by inserting the following new paragraphs immediately after paragraph (m)——

the effects of disasters arising as a result of climate change;

(mb) carry out and coordinate the national damage and loss assessment in respect to disaster;

(mc) carry out bi-annual national drill exercises as part of disaster risk management preparedness.

AnalysisofSenateAmendmenttoClause7

Clause 7 of the Bill provides for the functions of the Authority. The Senate proposed the insertion of the new paragraphs to increase the functions of the Authority.

SenateAmendmenttoClause9

15. Clause 9(1) be amended in paragraph (f) by deleting the word "Governors" appearing immediately after the words "Council of' and substituting therefor the words "County Governors or a representative designated in writing.

Analysis of Senate Amendment to Clause 9

Clause 9 of the Bill provides for the composition of the Board to include the Chief Executive Officer ofthe Council ofGovernors. The proposal seeks to amend the terminology to"Council of County Governors"rather than"Council of Governors."

SenateAmendmenttoClause10

16. Clause 10 of the Bill be amended in sub-clause (2) by deleting paragraph (g).

AnalysisofSenateAmendmentto Clause10

Clause 10 (2) of the Bill provides for the Qualifications of the Chairperson of the Board. Subclause 2 of the Bill provides that a person is not qualified for appointment as a chairperson or member of the Board, if that person is serving as a member of another Board.

SenateAmendmenttoClause27

17. Clause 27(1) of the Bill be amended in the introductory clause by inserting the words " in consultation with County Governments" immediately after the words "The Authority shall"

SenateAmendment to Clause27

Clause 27 of the Bill places a duty on the Authority to develop and maintain an electronic database containing: particulars of national and county organs involved in disaster risk management, non-governmental organizations involved in disaster risk management including foreign ones; and experts; information concerning disasters; directory of roleof disasters; and disaster risk management research and training facilities. Senate amendment seekstoprovide that theAuthority while developing and maintaining theelectronic database, shall have to consult the county governments.

SenateAmendmenttoClause28

18. Clause 28 of the Bill be amended in sub-clause (1),by inserting the following new 2. (e)develop a national multi-hazard early warning system guideline for its implementation.

Analysis of SenateAmendment to Clause 28

The amendment seeks to provide that the Authority may develop a national multi-hazard early warning system guideline for its implementation.

SenateAmendmenttoClause29

19. Clause 29 be amended in sub-clause (8) by inserting the words "in consultation with the Council of County Governors"immediately after the words"Cabinet Secretary shall"

Analysis of SenateAmendment to Clause 29

Clause 29 of the Bill provides for the Classification of disasters.In sub-clause (8), the Bill provides that the Cabinet Secretary shall by regulations prescribe the details of classification of a disasterunder this section.The Senate amendment seeks toprovide thatthe Cabinet Secretary shall consult the Council of County Governorswhile prescribingregulations on the details ofclassification of disaster.

SenateAmendmenttoClause32

20. Clause 32(1) be amended—

By deleting paragraph (b);

• (a) in paragraph (c) by inserting the words "in collaboration with the County Disaster Risk Management Centers"immediately before the word "formulate"
• (b) in paragraph (h) by inserting the words in collaboration with the County Disaster Risk Management Center and the Authority" immediately after the word "oversee" and
• As o n , () d () "immediately after thewordAuthority'

AnalysisofSenateAmendmenttoClause32

Clause 32 oftheBilloutlines thefunctions oftheCounty Committees.TheSenate amendment proposes that the County Disaster Risk Management Centre shall serve as the implementing agency for the decisions of the County Disaster Risk Management Committees.

SenateAmendmenttoClause52

21. Clause 52 be amended'—

• (a)by deleting the heading PART VII-PROVISION ON DELEGATED POWERS and substituting therefore the following heading --

"PARTVII-MISCELLANEOUSPROVISIONS"

• in sub-clause (2), by inserting the following new paragraph immediately after paragraph (h)—

response.

Analysis of SenateAmendmentsto Clause52

Clause 52 of the Bill provides for Delegated Powers.

2.3PROPOSED NEW CLAUSES FOR INCLUSION IN THE BILL

22. The Senate further proposed the inclusion of the following new Clauses under Clause 41 andClause52asfollows:

Proposed Senate Inclusion of New Clause 41A

23. The Bill be amended by inserting the following new clauses immediately after clause 41—

Establishment of a Disaster Management Fund Cap 412A

41A. (1) There is established the Disaster Risk Management Fund which shall be administered in accordance with section 24 of the Public Finance Management Act.

(2) The Director-General of the Authority shall be the administrator of the Fund.

Sources of theFund

41B.TheFund shallconsist of-

• (a) such moneys as may be appropriated by the National Assembly;
• (c) income generated from proceeds of the Fund; and
• (b) grants or donations for purposes of the Fund;
• p) any moneys accruing to or received by the Fund from any other lawful source, for finance.

Objects of the Funds

41C. The fund shall—

• n (
• (b) provide a common basket for receipt and disbursement of funds for disaster management;
• support capacity development of county governments and other institutions mandated with disaster management;
• (d) support agencies dealing with early warning systems for disaster;
• (e) support the implementation of programmes, projects or activities to further the objectives of this Act; and
• ) support any other purpose approved by theBoard that would enhance the development and promotion of prudent disaster management in the country.

Consolidation ofPublicFundsrelated to disaster

• 41D.All funds established for thepurposes of disaster management prior to the commencement ofthis Act, shall be consolidated into the Fund,except funds—
• (a)established to support institutions created under an Act of Parliament; or
• (b) established by county governments.

TaxExemptions onDisasterManagementAssistance

• 41E. The Cabinet Secretary responsible for finance may, by regulation, exempt all materials, articles, goods or equipment intended for the use of disaster management othertaxasmaybedetermined.

AnalysisoftheproposednewClause41

Theproposal seeks toinsert new clauses establishing theDisaster ManagementFund,the Sources oftheFund,the Objects oftheFund,Consolidation ofPublicFund related to disaster and Tax Exemptions on Disaster Management Assistance

24.Proposed SenateInclusion ofNewClause52A

The Bill be amended by inserting the following new clauses immediately after clause 52—

Amendment 52A.The PublicFinance Management Act is amended— toCap.412A

• (a) in section 2 by inserting the following new definitions in the proper alphabetical order—

"emergency" has the meaning assigned to it under section 2of theNational DisasterRiskManagement Act;and

"Disaster"has the meaning assigned to it under section 2 oftheNationalDisasterRiskManagementAct.

• (b) in section 110—-
• (a) deleting the word "may" appearing immediately after the words "Executive Committee" and substituting therefor the word "shall" in the marginal note;
• (b) deleting the word"may" appearing immediately after the words "Executive Committee" and substituting therefor the word "shall" in subsection (1);
• (c) in section 112 by deleting subsection (2) and substituting therefor the following new subsection—
• (2) For purposes of subsection (1), there is an urgent and unforeseenneedforexpenditureif
• (a)theexpenditure is required to respond to an emergency ordisasterinaccordancewiththeNationalDisaster Risk Management Act;

• (b) the emergency of disaster could not have been foreseen through the normal planning and budgeting process; and
• (c)delayinmakingtheexpenditurewouldresultin significant harm to life and property.

(d) in section 113 by—-

• (i) renumbering the existing provision as subsection (1); and
• (ii) inserting the following new subsection immediately after subsection (1)—
• (2)Notwithstanding subsection(1),the County Executive Committee member may, in order to effectively respondtoanemergencyor disaster andwiththe approval of the county assembly, exceed the limit prescribed under subsection (1) provided that -
• (a) the total payment does not exceed five percent of the total county government revenue as shown in that county government's audited financial statements for the previous financial year; and
• (b) the additional amount is used solely for emergency or disaster response and recovery.

AnalysisoftheproposednewClause52

The proposal seeks to amend the Public Finance Management Act by amending definitions related to'emergency' and 'disaster' as well as the administration of funds in instances of emergencies.

CHAPTERTHREE

3.0 COMMITTEEOBSERVATIONS

The Committee having considered the Senate Amendments to the National Disaster Risk Management Bill (National Assembly Bill No. 24 of 2023) observed that—

25. The Senate proposed amendments to clauses 2, 3,4, 6, 7, 9, 10, 27, 28, 29, 32 and clause 52 of the Bill. The Senate also proposed the introduction of new clauses 41A, 41B, 41C, 41D,41E and 52A.

SenateAmendmenttoClause2

26. Clause 2 be amended by inserting the following new definitions immediately after the definitionofthewords"climatechange"-

"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'

"emergency" means an actual or imminent situation that arises suddenly poses immediate threat of life,health,property,environment, infrastructure, economic stability or public order that-

• (a)requiresprompt coordinated action toprotectlife 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

"emergency responders"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, county government emergency management personnel, national government emergency management personnel, militarypersonneloranofficerofarecognizedhumanitarianorganizationdealing with disaster response.

Committee Observation

TheCommittee agreed with the proposal to add the new definitions as they appropriately broaden the objectives of the Bill.

SenateAmendmenttoClause3

27. Clause 3 of the Bill be amended by inserting the following new paragraphs immediately after paragraph (b)——

(ba) provide for appropriate and dignified assistance and relief to victims and casualties of disasters;

(bb) promote inclusiveness and a multidisciplinary and multisectoral approach to disaster management.

CommitteeObservation

The proposed insertion of the new paragraphs to introduce additional objects of the Act effectively broadens its objectives.

SenateAmendmenttoClause4

28. Clause 4 be amended by deleting paragraph (e) and substituting therefor the following new paragraph- 2. (e) the national values and principles of governance under Article 10 of the Constitution.

CommitteeObservation

The Committee observed that the Bill had expressly provided in the clause transparency and accountability as part of the national values. However, the Senate recommended the deletion of this specific provision and instead proposed the insertion of a broader provision anchoring the Bill on the national values and principles of governance under Article 10 of the Constitution.

SenateAmendmenttoClause6

29. Clause 6 be amended by deleting sub-clause (2) and substituting therefor the following new sub-clause—

(2) The Authority shall collaborate with the County Disaster Risk Management Committees in all counties in the discharge ofits functions.

CommitteeObservation

The Committee rejected the Senate's proposal to delete the provision which allows the Authority to establish such offices as may be necessary for the discharge of its functions.The Committee observed that the deletion of this provision would shall ensure reasonable access to its services in all parts of the Republic, as far as is appropriate,having regard to the nature of the service.Further, the Committee noted that the Senate's proposal would limit the Authority's capacity to effectively carry out its mandate.

Senate Amendment to Clause 7

30. Clause 7 of the Bill be amended by inserting the following new paragraphs immediately after paragraph (m)—

the effects of disasters arising as a result of climate change;

(mb) carry out and coordinate the national damage and loss assessment in respect to disaster;

(mc) carry out bi-annual national drill exercises as part of disaster risk management preparedness.

CommitteeObservation

The Committee agreed with the proposal to insert the new paragraphs (ma) and (mb) into the Bill. However, with respect to paragraph (mc), the Committee observed that requiring the Authority to carry out bi-annual national drill exercises is necessary for effective preparedness in cases of disaster. The Committee noted that this may present significant logistical and budgetary challenges by mandating two full scale national drills each year, which could place undue strain on the Authority, thereby risking noncompliance. The Committee further noted that an annual national drill exercise may be amorepractical andsustainablewhilestill supportingpreparednessefforts.

SenateAmendmenttoClause9

31. Clause 9(1) be amended in paragraph (f) by deleting the word "Governors" appearing immediately after words "Council of' and substituting therefor the words "County Governors or a representative designated in writing.

CommitteeObservation

The Committee agreed with the proposal to refer to the entity as the "Council of County Governors"rather than"CouncilofGovernors"as this terminologyreflects the official recognized name of thebody as established inlaw.

SenateAmendmenttoClause10

32. Clause 10 of the Bill be amended in sub-clause (2) by deleting paragraph (g).

CommitteeObservation

The Committee agreed with the proposed deletion of the provision noting that in practice, Principal Secretaries often serve in more than one Board and having the provision may unnecessarily limit the flexibility needed for effective coordination of government functions.

SenateAmendmenttoClause27

33. Clause 27(1) of the Bill be amended in the introductory clause by inserting the words " in consultation with County Governments"immediately after the words"The Authority shall"

CommitteeObservation

The Committee rejected the proposal to require the Authority to consult county governmentsin the development andmaintenance of the electronic database.The Committee observed that involving too many actors in these processes could lead to inefficienciesandunderminetheeffectivemanagementofthedatabase.The Committee further observed that the involvement of county governments could heighten the risk of breaching established security safeguards designed toprotect the right to privacy and to restrict access by unauthorized persons. The Committee further noted that clause 27(2)of theBill alreadyprovides that theAuthority shallensure the databaseis accessibletothepublic.

SenateAmendmenttoClause28

• 34.Clause 28 of the Bill be amended in sub-clause (1)by inserting the following new

• (e)develop a national multi-hazard early warning system guideline for its implementation.

CommitteeObservation

its implementation.

SenateAmendmenttoClause29

35. Clause 29 be amended in sub-clause (8) by inserting the words "in consultation with the Council of County Governors"immediately after the words"Cabinet Secretary shall"

CommitteeObservation

The Committee noted that the proposal to require the Cabinet Secretary to consult the Council of County Governors when making regulations prescribing details of the classification of disasters is already addressed by existing constitutional and statutory provisions. Specifically, Article 6(2) of the Constitution mandates that the national and countygovernments conducttheirmutual relations on thebasis ofconsultation and cooperation. Further, the Committee observed that Section 5(1) of the Statutory consultations with persons likely to be affected before making a statutory instrument. TheCommitteefurtherobservedthattheCouncilof Governors,whichisestablished under Section 19 of the Intergovernmental Relations Act, Cap. 265F, serves as a forum for consultation and coordination among county governments, and is not a State organ vestedwithlegislativeauthorityunderArticle94(6)of theConstitution.For these reasons,the Committeerejected this amendment.

SenateAmendmenttoClause32

36. Clause 32(1) be amended— By deleting paragraph (b);

• (d) in paragraph (c) by inserting the words "in collaboration with the County Disaster Risk Management Centers" immediately before the word "formulate"
• (e) in paragraph (h) by inserting the words in collaboration with the County Disaster Risk Management Center and the Authority" immediately after the word "oversee" and
• "immediately after theword Authority'

CommitteeObservation

The Committee noted that the proposal may be adopted, given that the County Disaster Risk Management Centre serves as the implementing entity for the decisions of the County Disaster Risk Management Committee.

SenateAmendment toClause52

37.Clause52beamended'—

By deleting the heading PART VII and substituting therefore the following heading

"PARTVII-MISCELLANEOUSPROVISIONS"

In sub-clause (2) by inserting the following new paragraph immediately after paragraph (h)

(ha) protection of emergency responders during emergency and disaster response.

CommitteeObservation

The Committee observed that the proposal to delete the headingPART VIlPROVISIONONDELEGATEDPOWERSandsubstituteitwithPARTMISCELLANEOUSPROVISIONScontravenesStandingOrder118oftheNational AssemblyStanding Orders. The National Assembly Standing Order requires that every Bill conferring on any State organ, State officer, or person the authority to make provisions having the force of law under Article 94(6) of the Constitution shall contain a separate and distinct part titled "Provisions on Delegated Powers."

• 38.TheSenatefurther proposed theinclusionof newsub-clauses under Clause 41 and Clause 52 as follows:

Proposed Senate Inclusion of New Clause 4A

39. The Bill be amended by inserting the following new clauses immediately after clause 41—

EstablishmentofaDisasterManagementFundCap412A

41A.(1) There is established the Disaster Risk Management Fund which shall be administeredinaccordancewithsection24ofthePublicFinanceManagementAct.

• (2) The Director-General of the Authority shall be the administrator of the Fund.

SourcesoftheFund

41B.TheFundshallconsistof-

• (e) such moneys as may be appropriated by the National Assembly;
• (f) grants or donations for purposes of the Fund;
• (g) income generated from proceeds of the Fund; and
• (h) any moneys accruing to or received by the Fund from any other lawful source, asmaybe approvedby theCabinetSecretaryforthetimebeingresponsible for finance.

Objectsof theFunds

41C.Thefundshall—

• (g) be utilized towards the provision of funds for disaster prevention, preparedness, mitigation, response and recovery measures;
• (h) provide a common basket for receipt and disbursement of funds for disaster management;
• 1 mandated with disaster management;
• support agencies dealing with early warning systems for disaster;
• (k) support the implementation of programmes, projects or activities to further the objectives of thisAct;and

• ara pom p paog a q paoe sodd ao ue pons () development and promotion of prudent disaster management in the country.

ConsolidationofPublicFundsrelatedtodisaster

41D.All fundsestablishedfor thepurposesof disastermanagementprior to the commencementofthis Act,shall be consolidated into theFund,except funds

• (c)established to support institutions created under anAct of Parliament; or
• (d) established by county governments.

TaxExemptions onDisasterManagementAssistance

41E. 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, charges port charges and any othertaxasmaybedetermined.

CommitteeObservation

The Committee observed that the proposal to insert a new clause establishing the Disaster Risk Management Fund seeks to expand the scope of the Bill, contrary to Standing Order 133(5). Further, the proposal conflicts with section 24(4) of the Public Finance Management Act, Cap. 412A, which vests the mandate to establish a fund with the approval of the National Assembly, in the Cabinet Secretary. The same provision administering any national publicfund so established.

40.ProposedSenateInclusion ofNewClause52A

The Bill be amended by inserting the following new clauses immediately after clause 52—

Amendment 52A. The Public Finance Management Act is amended toCap.412A

• (a) in section 2 by inserting the following new definitions in the proper alphabetical order—-

"emergency" has the meaning assigned to it under section 2 of the National Disaster Risk Management Act; and

"Disaster" has the meaning assigned to it under section 2 of theNational Disaster RiskManagement Act.

• (b) in section 110—
• (c) deleting the word "may" appearing immediately after the words "Executive Committee" and substituting therefor the word "shall" in the marginal note;
• immediately after the words "Executive Committee" and substituting therefor the word "shall" in subsection (1);
• (c) in section 112 by deleting subsection (2) and substituting therefor thefollowing new subsection—

CommitteeObservation

of the Bill which is contrary to the provisions of S.O 133(5). Further, the Committee observed that the amendment was not subjected to public participationby theNational Assembly toallowthepublicsubmittheirviewson it.

• (2) For purposes of subsection (1), there is an urgent and unforeseen need for expenditure if

2. (d)the expenditure is required to respond to an emergency ordisaster inaccordancewiththeNationalDisaster Risk Management Act; 3. (e)theemergency ofdisastercould nothavebeenforeseen through the normal planning and budgeting process; and 4. (f)delayinmakingthe expenditure wouldresultin significant harm to life and property. 5. (d)in section 113 by 6. (ii) renumbering the existing provision as subsection (1); and 7. (iv)inserting thefollowing new subsectionimmediately after subsection (1)—

• (2) Notwithstanding subsection (1), the County Executive Committee member may, in order to effectively respond to an emergency or disaster and with the approval of the county assembly, exceed the limit prescribed under subsection (1) provided that-

9. (C) the total payment does not exceed five percent of the total county government revenue as shown in that county government's audited financial statements for the previous financial year; and 10. (d) the additional amount is used solely for emergency or disaster response and recovery.

CHAPTER FOUR

3.0COMMITTEERECOMMENDATIONS

In view of the observations made, the Committee proposes the following amendments to the Bill—

• 1.TheHouseAGREESwith theSenateAmendmentsto:
• (a) Clause 2;
• (b) Clause 3;
• (c) Clause 4;
• (d) Clause 7 (ma) and(mb);
• (e) Clause 9;
• () Clause 10;
• (g) Clause 28;and
• (h) Clause 32.
• 2.TheHouseREJECTS theSenateAmendmentsto:
• (a) Clause 6;
• b) Clause 7 (mc);
• (C) Clause 27;
• (d) Clause 29;
• e) New Clause 41A,41B,41C,41D and 41E;
• f Clause 52; and
• (g) New Clause 52A.

SIGNED...

DATE.

HON.PETERLOCHAKAPONG,MP (CHAIRPERSON)

DEPARTMENTALCOMMITTEEONREGIONALDEVELOPMENT

THENATIONALASSEMBLY 13TIPARLIAMENT-FOURTHSESSION-2025

DIRECTORATEOFDEPARTMENTALCOMMITTEES DEPARTMENTALCOMMITTEEONREGIONALDEVELOPMENT

1/07/2025 DATE:!

ADOPTIONLIST

TIME:From

BUNSE TUER

VENUE:

AGENDA:Consideration and adoption of the Committee'sreporton the National DisasterRisk ManagementBill, 2023(National AssemblyBill No.24of2023)

We,theundersigned,adopt theCommittee'sreportontheNational DisasterRiskManagement Bill,2023(National Assembly Bill No.24 of 2023)

| NO. | NAME | SIGNATURE | |-------|---------------------------------------------|-------------| | | Hon.Lochakapong Peter, CBS,M.P.-Chairperson | | | 2. | Hon.Paul Abuor,M.P.-Vice-Chairperson | | | 3. | Hon.Sudi Oscar Kipchumba, M.P. | | | 4. | Hon.MawatheJulius Musili,M.P. | | | 5. | Hon. Otucho Mary Emaase, M.P. | | | 6. | Hon.Kalasinga Joseph Majimbo, M.P. | | | 7. | Hon. Nabulindo Peter Oscar, M.P. | | | 8. | Hon.Khamis Chome Abdi,M.P. | | | 9. | Hon. Maina Amos Mwago, M.P. | | | 10. | Hon. Tungule Charo Kazungu, M.P. | | | 1. | Hon.Basil Robert Ngui,M.P | | | 12. | Hon.CPA GeoffreyWandeto,M.P. | | | 13. | Hon. Munyoro Joseph Kamau, M.P. | | | 14. | Hon. Njeru Pamela Njoki, M.P. | | | 15. | Hon.Umul KerKassim Sheikh,M.P. | |

Forwarded by:

7/7/2025

Signature..

Date:

MotmLEp..

CommitteeClerk.

Approved by:

Signature:

Date.

W Director Departmental Committees: