The Delineation of Disaster Management Function

Legal Notice 86 of 2021

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The Delineation of Disaster Management Function
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LAWS OF KENYA

INTERGOVERNMENTAL RELATIONS ACT

THE DELINEATION OF DISASTER MANAGEMENT FUNCTION

LEGAL NOTICE 86 OF 2021

  • Published in Kenya Gazette Vol. CXXIII—No. 121 on 28 May 2021
  • Commenced on 28 May 2021
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
PURSUANT to section 15 of the Sixth Schedule to the Constitution as read together with section 12 (b) of the Intergovernmental Relations Act (Cap. 265F), and further to Legal Notices Nos. 16 and 137 to 183 of 2013, the Intergovernmental Relations Technical Committee delineates the disaster management function between the National Government and County Governments in the manner specified in the Schedule.
   
   
   
   

Schedule

S/NoFunctions of the National GovernmentS/NoFunctions of the County Governments
1.Disaster Prevention1.Disaster Prevention
 (a) Development of the National Disaster Prevention Policy.(b) Implementation of National Disaster Policy.(c) Capacity building and technical assistance to county governments on disaster prevention.(d) Conducting National disaster risk assessments or analyses.(e) Establishing national disaster early warning sector based systems.(f) Communicate early warning disaster information to counties.(g) Carry out national civic education and awareness creation to stakeholders.(h) Development of national norms, standards and guidelines on risk prevention.(i) Institute sector specific disasters risk pre-emptive measures based on alert levels at the national level.(j) Implementation of National norms, Standards and guidelines on disaster risk prevention.(k) Provision of civic education on disaster risk prevention and management to counties and stakeholders.(l) Enforcing public participation and awareness creation in disaster risk prevention management.(m) Establishment of strong national institutional structures for disaster risk management.(n) Coordination of risk management activities between the national and county government. (a) Alignment of county disaster prevention policy with national policy.(b) Implementation of county disaster prevention policy.(c) Capacity building and technical assistance to communities on disaster prevention.(d) Conducting county disaster risk assessments or analysis.(e) Establishing or cascading national disaster early warning sector based systems to county.(f) Communicate early warning disaster information to communities.(g) Carry out civic education and awareness to local stakeholders and communities.(h) Alignment or cascading of national norms, standards and guidelines on risk prevention.(i) Institute sector specific disaster riskpre-emptive measures based on alert levels at the county level.(j) Implementation of county specific norms, standards and guidelines on disaster risk prevention.(k) Provision of civic education on disaster risk prevention at county level.(1) Enforcing public participation and awareness in disaster risk prevention at county level.(m) Establishment of strong institutional structures for disaster risk management at county level.(n) Coordination of risk management activities in counties.
2.Disaster Preparedness2.Disaster Preparedness
(a) Development and implementation of policies, norms and standards for disaster preparedness.(b) Resource mobilization for national disaster risk preparedness, resilience, buildings and climate change adaptation strategies.(c) Capacity building and technical assistance to county governments.(d) Development of national resilience and climate change adaptation strategies.(e) Implementation of national resilience and climate change adaptation strategies. (a) Domestication and implantation of national policies norms and standards in disaster preparedness.(b) Resource mobilization for disaster risk preparedness resilience building and climate change adaptation strategies in the county.(c) Capacity building and technical assistance to the local communities in disaster preparedness.(d) Domestication of national resilience and climate change adaptation strategies to the county.(e) Implementation of county specific strategies for resilience and climate change adaptation.
 (f) Civic education, awareness creation and public participation in disaster risk preparedness at national level.(g) Development of national climate change resilience building programmes.(h) Development of national guidelines for disaster preparedness drills and simulation exercises.(i) Development of national sector specific standards operating procedures for disaster.(j) Implementation of national disaster preparedness sector specific standards operating procedures.(k) Monitoring and evaluation of national disaster preparedness policies and guidelines.(l) Development and implementation of national disaster preparedness contingency plans.(m) Consolidation of national data on disaster risk preparedness.(n) Carrying out national research on disaster risk management.(o) Conduction national drills and simulation exercises to enhance disaster preparedness.(p) Develop guidelines for declaration of national disaster emergency preparedness.(q) Develop a national disaster communication strategy for information sharing between the national and county government during emergencies. (f) Civic education, creation awareness and public participation in disaster risk preparedness at county level.(g) Domesticating of national climate change resilience building programmes at the county.(h) Domestication of national guidelines for disaster preparedness drills and simulation exercises at the county.(i) Domestication of national disaster preparedness sector specific standard operating procedures to the county.(j) Implementation of county specific sectoral disaster preparedness standard operating procedures.(k) Monitoring and evaluation of county specific disaster preparedness policies and guidelines.(l) Domestication and implementation of national disaster preparedness contingency plans at the county level including prepositioning of supplies.(m) Data collection on county disaster risk preparedness.(n) Participation in research on disaster risk management.(o) Conducting county drills and simulation exercises to enhance disaster preparedness.(p) Domestication of national guidelines for declaration of county disaster emergency preparedness.(q) Develop a county disaster communication strategy for information sharing between county government, stakeholders and community.
3.Disaster Response3.Disaster Response
 (a) Capacity building and technical assistance to counties on disaster response.(b) Conduct rapid assessments to understand national vulnerability levels.(c) National government to declare national emergency.(d) Activate plans for national emergency responses.(e) Implementation of the information sharing mechanism between the national and county governments.(f) Strategic coordination of disaster response.(g) Consolidate response initiatives reports from counties.(h) Consolidate county disaster needs assessments.(i) Coordination of management of food and non-food relief.(j) Development of national sector standard disaster operating procedures. (a) Capacity building and technical assistance to communities on disaster response.(b) Conduct rapid assessments to understand county vulnerability levels.(c) County governments to declare county emergency.(d) Activate plans for county emergency plans.(e) Implementation of the information sharing mechanism between the national and county governments.(f) Coordinate disaster response through multi­ sectoral approach and cross-county.(g) Reporting on response initiatives during emergencies in the counties.(h) Updating disaster needs assessment.(i) Management of food and non-food relief at county level.(j) Development of county specific disaster response standard operating procedures.
 (k) Implementation of national sector standard disaster response operating procedures.(l) Communication of national disaster response interventions to international and national stakeholders. (k) Implementation of national and county standard disaster response operating procedures.(l) Communication of disaster response standard operating procedures.
4.Disaster Recovery4.Disaster Recovery
 (a) Development and Implementation of national recovery plans and programs.(b) Capacity building and technical assistance to counties on disaster recovery.(c) Consolidate post disaster needs assessments from counties.(d) Consolidate county monitoring, evaluation and lessons learnt report .(e) Mounting national public participation in recovery programs.(f) National resource mobilization for disaster risk recovery.(g) Develop national guidelines for post disaster needs assessments.(h) Enforce national guidelines for post disaster needs assessment. (a) Implementation of county recovery plans and programs.(b) Capacity building and technical assistance to communities on disaster recovery.(c) Conduct post disaster needs assessment in the county.(d) Conduct monitoring, evaluation and developing lessons learnt report.(e) Mounting county public participation in recovery programs.(f) County resource mobilization for disaster risk recovery.(g) Domesticate national guidelines for post disaster needs assessment in county.(h) Implement national guidelines for post disaster needs assessment.
NOTE:
1.The delineation is guided by the National Disaster Risk Management Policy, specifically the levels of disasters as shown in the matrix below.
2.Disaster occurrence and effects are sector specific and the responsibility for managing sector related disaster risks is guided by the functional assignment of both levels of government as specified in the Fourth Schedule to the Constitution.
3.The responsibility for managing disaster risks which are specific to the function assigned to the National Government lies with the National Government. Examples of this are transport, national public works etc.
4.The responsibility for managing disaster risks which are specific to function assigned to the counties lies with County Governments. For example, health, livestock etc. unless such disasters simultaneously occur across several counties or are beyond the capacity of the counties.
5.A disaster that is within the functions assigned to County Governments under Fourth Schedule and is within level 1 or 2 is the responsibility of the county government.
6.A disaster that is within the functions assigned to County Governments under the Fourth Schedule of Constitution and is within level 3, the national government shall provide the necessary leadership and intervention in consultation with the respective county government. However, the functional responsibility remains with the level of government to which it is assigned as per the Fourth Schedule to the Constitution.
7.A disaster that is within the exclusive functions assigned to the National Government under the Fourth Schedule of the Constitution, and falls under levels 1-4, shall be the responsibility of the National Government.

LEVELS OF CONCURRENT DISASTER RESPONSIBILITIES ASSIGNED TO THE NATIONAL AND COUNTY GOVERNMENT

Level lLocalized emergency events dealt within the regular operating mode of the protective, emergency and health services in Villages, Wards and Sub-County
Level 2Emergency events that overwhelm the capacity of the resources in Sub- County, but which do not overwhelm the capacity of the County resources to respond and recover
Level 3Emergency events that overwhelm a County and require mobilizing national resources to respond and recover
Level 4Emergency events that overwhelm the existing National response capacity, thus prompting the President to seek Regional/International assistance to support the country in response and recovery
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History of this document

31 December 2022 this version