Kenya Act or statute

Parliament of Kenya

Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act

Jurisdiction: Kenya
Structure: 25 provisions
Citation: Cap. 134A
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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Purpose and legislative effect

“This Act may be cited as the Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act.”

This Act may be cited as the Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act. Section 2 provides definitions and interprets terms used in the Act. Everyone involved in protecting and assisting internally displaced persons in Kenya must act in accordance with the Protocol, the Guiding Principles and this Act. Apply the provisions of the Protocol and its guiding principles. The Government and any other organization, body or individual must take into account the rights and freedoms of internally displaced persons (as set out in the Bill of Rights) when responding to internal displacement.

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PRELIMINARY - 1. Short title

This Act may be cited as the Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act.

Section 1

PRINCIPLES OF PREVENTION, PROTECTION AND ASSISTANCE - 6. Protection from displacement

The Government must protect every human being against arbitrary displacement.

Section 6

ADMINISTRATION - 13. Functions of the Committee

Section states that the Section must serve as the official impartial and humanitarian focal body liaising between government departments, the United Nations, non-State actors, the Secretariat of the International Conference of the Great Lakes Region, and,…

Section 13

PUBLIC AWARENESS, SENSITIZATION, TRAINING AND EDUCATION - 19. Public awareness, education and information campaign by county government

Every county executive committee must conduct a public awareness, educational and information campaign on causes, impact and consequences of internal displacement and on prevention, protection and assistance for internally displaced persons.

Section 19

MISCELLANEOUS PROVISIONS - 25. Rules

The Cabinet Secretary may make rules to give effect to the Act, on recommendation by the Committee.

Section 25

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Showing 25 of 25 provisions

Provision 20Offence 2Short titleInterpretation

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act.

Section 1. Short title Section This Act may be cited as the Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Section 2 provides definitions and interprets terms used in the Act.

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "Accounting Officer" means the Principal Secretary in charge of the government department for the time being responsible for matter relating to internally displaced persons or an officer deputed by that Principal Secretary in writing; "Cabinet Secretary" means the Cabinet Secretary in charge of the government department for the time being responsible for matters relating to internally displaced persons; "Committee" means the National Consultative Coordination Committee on Internally Displaced Persons established by section 12 ; "durable solution" means the achievement of a durable and sustainable solution to the displacement of persons through a voluntary and informed choice of sustainable reintegration at the place of origin, sustainable local integration in areas of refuge, or sustainable integration in another part of Kenya; "Fund" means the Humanitarian Fund provided for in section 14 ; "Guiding Principles" means the 1998 United Nations Guiding Principles on Internal Displacement referred to in Article 1(3) of the Great Lakes Protocol and set out in the Second Schedule; "Humanitarian Fund" means the Humanitarian Fund for Mitigation of Effects and Resettlement of Victims of Post-2007 Election Violence established by regulation 3 of the Government Financial Management Regulations, 2008 (L.N. 11/2008); "internally displaced person" means a person or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, large scale development projects, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border; "non-State actors" means persons or organizations who are not attributable to the State and whose actions are generally not attributable to the State; "protection" means all activities aimed at obtaining full respect of the rights of internally displaced persons in accordance with the letter and spirit of the fundamental rights and freedoms under the Bill of Rights of the Constitution of Kenya and applicable regional and international human rights and humanitarian law instruments; and "Protocol" means the Great Lakes Protocol on Protection and Assistance to Internally Displaced Persons as adopted by the International Conference on the Great Lakes Region in 2006 and set out in the First Schedule. Section 2(2)(a) a reference to "public interest" shall be construed, in reference to large-scale development projects, the development interests of, and for the benefit of, the people of the Republic as whole, including persons displaced by such project; Section 2(2)(b) a reference to "United Nations" shall be construed to be a reference to the United Nations Country Team in Kenya; Section 2(2)(c) until after the first election under the Constitution, reference to "Cabinet Secretary" shall be construed to mean "Minister"; Section 2(2)(d) until after the first election under the Constitution, reference to "Principal Secretary" shall be construed to mean "Permanent Secretary".

Section 2Verify source

Part II

PRINCIPLES OF PREVENTION, PROTECTION AND ASSISTANCE

§ 10PRINCIPLES OF PREVENTION, PROTECTION AND ASSISTANCE - 10. Obligations imposed by Protocol or Guiding PrinciplesProvision

Everyone involved in protecting and assisting internally displaced persons in Kenya must act in accordance with the Protocol, the Guiding Principles and this Act.

Section 10. Obligations imposed by Protocol or Guiding Principles Section Every person, including any public body, State officer or public officer and private body or individual involved in the protection and assistance to internally displaced persons in Kenya shall act in accordance with the Protocol, the Guiding Principles and as provided for in this Act.

Section 10Verify source

§ 3PRINCIPLES OF PREVENTION, PROTECTION AND ASSISTANCE - 3. Protocol and Guiding Principles to applyProvision

Apply the provisions of the Protocol and its guiding principles.

Section 3. Protocol and Guiding Principles to apply Section the provisions of the Protocol; and

Section 3Verify source

§ 4PRINCIPLES OF PREVENTION, PROTECTION AND ASSISTANCE - 4. Rights-based response to internal displacementProvision

The Government and any other organization, body or individual must take into account the rights and freedoms of internally displaced persons (as set out in the Bill of Rights) when responding to internal displacement.

Section 4. Rights-based response to internal displacement Section The Government and any other organization, body or individual when responding to a situation of internal displacement and the needs of internally displaced persons under this Act, shall take into account their rights and freedoms as set out in the Bill of Rights of the Constitution.

Section 4Verify source

§ 5PRINCIPLES OF PREVENTION, PROTECTION AND ASSISTANCE - 5. Prevention of displacementProvision

Sections 5(1)–(4) require the Government and other organizations, bodies or individuals to prevent conditions leading to displacement, to prevent internal displacement in listed situations, for the Government to run awareness and training referenced to sections 17–20, and for the Government to establish a prevention mechanism with monitoring, reporting and early warning to specified officials.

Section 5. Prevention of displacement Section 5(1) Subject to the Constitution, the Government and any other organization, body or individual shall guard against factors and prevent and avoid conditions that are conducive to or have the potential to result in the displacement of persons. Section 5(2) The Government and any other organization, body or individual shall prevent internal displacement in situations of armed conflict, generalized violence, human rights violations, natural or human-made disasters and development projects. Section 5(3) The Government shall raise public awareness, undertake sensitization, training and education on the causes, impact and consequences of internal displacement and means of prevention as provided for in sections 17 -20 of this Act. Section 5(4) The Government shall establish a prevention mechanism charged with monitoring areas inhabited by persons at risk of displacement, periodical reporting on the situation in such designated areas and early warning issued to the Cabinet Secretary and the Chair of the Committee for further action to prevent internal displacement.

Section 5Verify source

§ 6PRINCIPLES OF PREVENTION, PROTECTION AND ASSISTANCE - 6. Protection from displacementOffence

The Government must protect every human being against arbitrary displacement.

Section 6. Protection from displacement Section 6(1) The Government shall protect every human being against arbitrary displacement. Section 6(2) Arbitrary displacement in the manner specified under principle 6(2) of the Guiding Principles is prohibited and shall constitute an offence punishable under this Act as specified in section 23 . Section 6(3) Displacement and relocation due to development projects shall only be lawful if justified by compelling and overriding public interests and in accordance with the conditions and procedures in Article 5 of the Protocol, Principles 7-9 of the Guiding Principles and as specified in sections 21 -22 of this Act.

Section 6Verify source

§ 7PRINCIPLES OF PREVENTION, PROTECTION AND ASSISTANCE - 7. Preparedness and mitigationProvision

Subject to the Constitution, the Government must put measures and structures in place to prepare for emergency disasters, ensuing internal displacement, and to mitigate their consequences.

Section 7. Preparedness and mitigation Section Subject to the Constitution, the Government shall put into place measures and structures to prepare for emergency disaster and ensuing internal displacement and mitigate its consequences.

Section 7Verify source

§ 8PRINCIPLES OF PREVENTION, PROTECTION AND ASSISTANCE - 8. Assistance and protectionProvision

The Government must provide measures for assistance and protection to internally displaced persons (with special attention to communities attached to their lands and vulnerable groups), ensure assistance and protection needs in rural and urban refuge areas are addressed based on need, and must ensure consultation with internally displaced persons when formulating programmes.

Section 8. Assistance and protection Section 8(1) The Government shall put into place measures for assistance and protection needs of internally displaced persons with particular regard to displaced communities with a special dependency on and attachment to their lands and the protection needs of women, children, persons with disabilities, the elderly and other persons with special needs. Section 8(2) Assistance and protection needs of communities in rural and urban areas where displaced persons find refuge shall equally be addressed based on their needs. Section 8(3) In formulating programmes for assistance and protection under this section, the Government shall ensure that consultation is made with the internally displaced persons.

Section 8Verify source

§ 9PRINCIPLES OF PREVENTION, PROTECTION AND ASSISTANCE - 9. Durable solutionsProvision

The Government must create conditions and provide internally displaced persons with a durable, safe and dignified solution, must respect their right to make an informed and voluntary choice about return, local integration or resettlement, and must ensure consultation with internally displaced persons when formulating durable solutions.

Section 9. Durable solutions Section 9(1) The Government shall create the conditions for and provide internally displaced persons with a durable and sustainable solution in safety and dignity and shall respect and ensure respect for the right of internally displaced persons to make an informed and voluntary decision on whether to return, locally integrate or resettle elsewhere in the country. Section 9(2)(a) long-term safety and security; Section 9(2)(b) full restoration and enjoyment of the freedom of movement; Section 9(2)(c) enjoyment of an adequate standard of living without discrimination; Section 9(2)(d) access to employment and livelihoods; Section 9(2)(e) access to effective mechanisms that restore housing, land and property; Section 9(2)(f) access to documentation; Section 9(2)(g) family reunification and the establishment of the fate and whereabouts of missing relatives; Section 9(2)(h) equal participation in public affairs; and Section 9(2)(i) access to justice without discrimination. Section 9(3) The procedure for resettlement of internally displaced persons and the standards applicable to such resettlement shall be as prescribed. Section 9(4) In formulating the durable solutions under this section, the Government shall ensure that consultation is made with internally displaced persons.

Section 9Verify source

Part III

ADMINISTRATION

§ 11ADMINISTRATION - 11. Responsibilities of GovernmentProvision

The national Government is responsible for administering this Act; County Governments are responsible within their constitutional functions; the Cabinet Secretary may act for the Government where the Act does not provide otherwise; the Government must carry out the specific responsibilities in subsections (4)–(6) and may delegate those to a Committee.

Section 11. Responsibilities of Government Section 11(1) The national Government shall bear ultimate responsibility for the administrative implementation of this Act. Section 11(2) For the purposes of any provision of the Protocol and the Guiding Principles that confers or imposes a power, duty or function on a State, that power, duty or function may be exercised or carried out on behalf of the Government of Kenya by the Cabinet Secretary, if this Act makes no other provision in that regard. Section 11(3) County Governments shall bear responsibility for the administrative implementation of the provisions of this Act in accordance with their functions and powers accorded by Article 186 and the Fourth Schedule of the Constitution. Section 11(4)(a) preventing and protecting from internal displacement, preparing for it and mitigating its consequences; Section 11(4)(b) protecting and assisting internally displaced persons throughout the Republic; and Section 11(4)(c) creating conditions conducive to and providing durable and sustainable solutions for internally displaced persons. Section 11(5)(a) designate, where necessary, official areas for the settlement of internally displaced persons in the Republic; Section 11(5)(b) facilitate the administration of settlement areas for internally displaced persons; Section 11(5)(c) ensure adequate provision of basic social and health services in areas inhabited by internally displaced persons; Section 11(5)(d) ensure, where necessary, the maintenance of public order, public security, and public health in areas inhabited by internally displaced persons; Section 11(5)(e) safeguard and maintain the civilian and humanitarian character of settlements; and Section 11(5)(f) ensure adequate provision of the social economic rights specified in Article 43 of the Constitution. Section 11(6)(a) request international assistance if the capacity of the Government to provide such protection and assistance is insufficient, inadequate or lacking; Section 11(6)(b) ensure rapid and unimpeded access of humanitarian personnel to all internally displaced persons; Section 11(6)(c) ensure that humanitarian assistance is not diverted; and Section 11(6)(d) ensure the protection of humanitarian personnel, transports and goods. Section 11(7) The Government, through the Cabinet Secretary may delegate to the Committee the exercise of any of the responsibilities under subsections (4), (5) and (6).

Section 11Verify source

§ 12ADMINISTRATION - 12. Establishment of the CommitteeProvision

Establishes the National Consultative Coordination Committee on Internally Displaced Persons, lists its membership, provides that the Accounting Officer shall provide its secretariat, allows certain members to attend or nominate alternates, and specifies appointment roles for the President and Cabinet Secretary.

Section 12. Establishment of the Committee Section 12(1) There is hereby established a Committee to be known as the National Consultative Coordination Committee on Internally Displaced Persons. Section 12(2) The Committee shall be an unincorporated body under the relevant Government Department for the time being responsible for matters relating to internal displacement. Section 12(3)(a) a Chairperson from among those listed in paragraphs (b) to (l) appointed by the President; Section 12(3)(b) the Principal Secretary of the Government Department for the time being responsible for matters relating to internal displacement; Section 12(3)(c) the Principal Secretary of the Government Department for the time being responsible for matters relating to internal security; Section 12(3)(d) the Principal Secretary of the Government Department for the time being responsible for matters relating to finance; Section 12(3)(e) the Principal Secretary of the Government Department for the time being responsible for matters relating to lands; Section 12(3)(f) the Principal Secretary of the Government Department for the time being responsible for matters relating to justice and constitutional affairs; Section 12(3)(g) the Attorney-General; Section 12(3)(h) the Director of Public Prosecutions; Section 12(3)(i) the Chairperson of the Kenya National Commission on Human Rights; Section 12(3)(j) the Chairperson or a Commissioner from the National Lands Commission; Section 12(3)(k) two persons appointed by the Cabinet Secretary to represent the non-State actors and donor community; and Section 12(3)(l) two persons of opposite gender appointed by the Cabinet Secretary and nominated by internally displaced persons from amongst their number in such manner as may be prescribed. Section 12(4) The Accounting Officer shall provide the secretariat to the Committee. Section 12(5) The persons referred to under paragraphs (b) to (j) may attend in person or designate their alternate representatives not below the level of their immediate deputies. Section 12(6) The conduct of business and affairs of the Committee shall be as set out in the Third Schedule.

Section 12Verify source

§ 13ADMINISTRATION - 13. Functions of the CommitteeProvision

Section 13. Functions of the Committee Section serve as the official impartial and humanitarian focal body liaising between Government Departments, the United Nations, non-State actors, the Secretariat of the International Conference of the Great Lakes Region, and where appropriate the African Union;

Section 13Verify source

§ 14ADMINISTRATION - 14. Restructuring of the FundCommencement

Section 14 restructures the existing national Humanitarian Fund, makes the Fund the successor to the Humanitarian Fund, and lists sources of the Fund's resources including balances, donations, grants, investment returns, exchequer funds, and other sums.

Section 14. Restructuring of the Fund Section 14(1) There shall be the restructuring of the current existing national Humanitarian Fund. Section 14(2) The Fund shall be the successor to the Humanitarian Fund. Section 14(3)(a) any balance existing in the Humanitarian Fund as at the commencement of this Act; Section 14(3)(b) donations by bilateral and multilateral donors, without prejudice to their possibility to directly fund activities to assist and protect internally displaced persons in Kenya; Section 14(3)(c) sums received, including grants, donations, contributions or gifts from any person or institution; Section 14(3)(d) moneys earned or arising from any investment of the Fund; Section 14(3)(e) funds from the exchequer; and Section 14(3)(f) all other sums which may in any manner become payable to, or vested in, the Fund.

Section 14Verify source

§ 15ADMINISTRATION - 15. Use of the FundProvision

The Fund must cover certain County Governments' capital and recurrent expenditures that exceed their available resources; specific minimum percentages of the Fund's annual income are allocated to finance the Committee and fund non-State actors, as determined by the National Consultative Co-ordination Committee.

Section 15. Use of the Fund Section 15(1)(a) their former homes or alternative settlement sites; Section 15(1)(a)(i) their former homes or alternative settlement sites; Section 15(1)(a)(ii) the replacement of their basic household effects; Section 15(1)(a)(iii) enabling them to re-start their basic livelihood; Section 15(1)(a)(iv) the reconstruction of destroyed basic housing and rehabilitation of community utilities and institutions; Section 15(1)(b) the establishment of the preventive mechanism as provided for in section 5 (4) of this Act; Section 15(1)(b)(i) the establishment of the preventive mechanism as provided for in section 5 (4) of this Act; Section 15(1)(b)(ii) public awareness campaigns, sensitization, training and education on the causes, impact and consequences of internal displacement as provided for in sections 6 (3) and 18 -21 of this Act; Section 15(1)(c) assisting in the operations of the Committee and non-State actors’ programmes in accordance with subsection (3); Section 15(1)(d) any other matter incidental to the matters stated in paragraphs (a), (b) and (c). Section 15(2) Any capital and recurrent expenditures made, that exceed the resources available, by County Governments in accordance with their responsibility for the administrative implementation of the provisions of this Act in accordance with their functions and powers accorded by Article 186 and the Fourth Schedule of the Constitution shall be covered by the Fund. Section 15(3) An amount of not less than three per cent of the Fund’s annual income shall be used to equitably finance the Committee in its operation and an additional amount of not less than fifteen per cent shall be used to fund relevant non-State actors’ programmes. The funding mechanism, the programmes to be funded and the amount will be determined by the National Consultative Co-ordination Committee. Section 15(4) Unless the National Treasury otherwise directs, the receipts, earnings or accruals of the Fund and its balances at the close of each financial year shall not be paid into the Consolidated Fund, but shall be retained for the purposes of the Fund in accordance with Article 206(1)(a) of the Constitution.

Section 15Verify source

§ 16ADMINISTRATION - 16. Administration of the FundProvision

The Accounting Officer must administer the Fund under the general direction of the Committee, and may (with the approval of the Cabinet Secretary responsible for finance) invest or place Fund moneys on deposit.

Section 16. Administration of the Fund Section 16(1) The Fund shall be administered by the Accounting Officer under the general direction of the Committee. Section 16(2) The Accounting Officer may, with the approval of the Cabinet Secretary for the time being responsible for finance, invest or place on a deposit account any of the moneys of the Fund and any interest earned on moneys so invested or deposited shall be placed to the credit of the Fund. Section 16(3)(a) supervise and control the administration and use of the Fund as provided for in this section under the general direction of the Committee; Section 16(3)(b) reports at least once in every six months to the Committee on the management and use of the Fund; Section 16(3)(c) impose conditions on the use of any expenditure personally authorized and may impose any restriction or other requirement concerning use of expenditure; Section 16(3)(d) cause to be kept proper books of account and other books and records in relation to the Fund as well as to all the various activities and undertakings of the Fund; Section 16(3)(e) prepare, sign and transmit to the Auditor-General in respect of each financial year and within three (3) months after the end thereof, a statement of accounts relating to the Fund in accordance with the Public Audit Act (Cap. 412B) and in such details as the National Treasury may from time to time direct; Section 16(3)(f) furnish such additional information as may be required for examination and audit by the Auditor-General or under any law; and Section 16(3)(g) designate such staff as may be necessary to assist in the management of the Fund.

Section 16Verify source

Part IV

PUBLIC AWARENESS, SENSITIZATION, TRAINING AND EDUCATION

§ 17PUBLIC AWARENESS, SENSITIZATION, TRAINING AND EDUCATION - 17. Public awareness, education and information campaign by national governmentProvision

The national Government must run a nationwide education and information campaign to promote public awareness about causes, impacts and prevention, protection and assistance regarding internal displacement.

Section 17. Public awareness, education and information campaign by national government Section 17(1) The national Government, in order to prevent future instances of internal displacement in Kenya, shall promote public awareness about the causes, impact, and consequences of internal displacement as well as on means of prevention, protection and assistance to internally displaced persons through a comprehensive nation-wide education and information campaign. Section 17(2) The public awareness, education and information campaign referred to in subsection (1) shall be carried out in schools and other institutions of learning, prisons, remand homes and other places of confinement, amongst the disciplined forces, at places of work and in all communities throughout Kenya. Section 17(3)(a) employees of all national Government Departments, authorities and other agencies; Section 17(3)(b) employees of private and informal sectors; Section 17(3)(c) community and social workers; and Section 17(3)(d) media professionals, educators, and other stakeholders involved in the dissemination of information to the public on the causes, effects, means of prevention, protection and assistance to internally displaced persons. Section 17(4) In conducting the education and information campaign referred to in this section, the national Government shall ensure the involvement and participation of individuals and groups affected by internal displacement without endangering their safety.

Section 17Verify source

§ 18PUBLIC AWARENESS, SENSITIZATION, TRAINING AND EDUCATION - 18. Public awareness, education and information as part of education syllabusProvision

The Committee must work with the Government education department to integrate instruction on internal displacement into school subjects at all levels and to develop and implement a training curriculum on internal displacement for all levels.

Section 18. Public awareness, education and information as part of education syllabus Section 18(1) The Committee shall liaise with the Government department responsible for education, to integrate instruction on the causes, impact and consequences of internal displacement as well as on means of prevention, protection and assistance to internally displaced persons in subjects taught in public and private schools at all levels starting from early childhood education development centers to primary, secondary, and tertiary levels, including informal, non-formal and indigenous learning systems. Section 18(2) The Committee shall in collaboration with the Government department responsible for education, develop and implement a training curriculum to be integrated into syllabuses on the causes, impact and consequences of internal displacement as well as on means of prevention, protection and assistance to internally displaced persons to be taught at all levels starting from early childhood education development centers.

Section 18Verify source

§ 19PUBLIC AWARENESS, SENSITIZATION, TRAINING AND EDUCATION - 19. Public awareness, education and information campaign by county governmentProvision

Section 19. Public awareness, education and information campaign by county government Section Every county executive committee, in collaboration with the Committee, shall conduct a public awareness, educational and information campaign on causes, impact and consequences of internal displacement as well as on means of prevention, protection and assistance to internally displaced persons within its area of jurisdiction in the manner contemplated under sections 17 and 18 .

Section 19Verify source

§ 20PUBLIC AWARENESS, SENSITIZATION, TRAINING AND EDUCATION - 20. Public awareness, education and information campaign in cities and urban areasProvision

Every city or urban area, working with the Committee, must run a public awareness, education and information campaign about causes, impacts and consequences of internal displacement and on prevention, protection and assistance for internally displaced persons within its jurisdiction.

Section 20. Public awareness, education and information campaign in cities and urban areas Section Every city or urban area, in collaboration with the Committee, shall conduct a public awareness, educational and information campaign on causes, impact and consequences of internal displacement as well as on means of prevention, protection and assistance to internally displaced persons within its area of jurisdiction.

Section 20Verify source

Part V

PROVISIONS RELATING TO DEVELOPMENT AND DISPLACEMENT

§ 21PROVISIONS RELATING TO DEVELOPMENT AND DISPLACEMENT - 21. Conditions and standards for displacement induced by development projectsProvision

The Government must avoid displacing or relocating people for development or environmental projects, and when displacement cannot be avoided it must minimize harm, assist affected persons, and provide durable solutions for permanent displacement.

Section 21. Conditions and standards for displacement induced by development projects Section 21(1) Subject to the Constitution, the Government shall abstain from displacement and relocation due to development projects or projects to preserve the environment and protect persons from displacement by private actors. Section 21(2)(a) authorized and carried out in accordance with the applicable law; Section 21(2)(b) justified by compelling and overriding public interests in the particular case; and Section 21(2)(c) conducted when no feasible alternatives exist. Section 21(3) Where displacement and relocation cannot be averted, the Government shall minimize it, mitigate its consequences and assist and protect the affected persons as provided for in sections 7 and 8 of this Act. Section 21(4) Where the displacement is permanent, the Government shall provide the affected persons with a durable solution as provided for in section 9 of this Act.

Section 21Verify source

§ 22PROVISIONS RELATING TO DEVELOPMENT AND DISPLACEMENT - 22. Displacement occasioned by compulsory acquisition of landProvision

Internal displacement of persons resulting from a lawful compulsory acquisition of land, subject to prompt payment in full of just compensation, shall not constitute arbitrary displacement for the purposes of this Act.

Section 22. Displacement occasioned by compulsory acquisition of land Section Internal displacement of persons resulting from a lawful compulsory acquisition of land subject to prompt payment in full, of just compensation to the persons shall not, for purposes of this Act, constitute arbitrary displacement. [Act No. 15 of 2019 , s. 17.]

Section 22Verify source

Part VI

MISCELLANEOUS PROVISIONS

§ 23MISCELLANEOUS PROVISIONS - 23. Offences relating to internal displacementOffence

No person must cause, aid or abet arbitrary displacement, and any person who contravenes the listed acts commits an offence punishable by a fine not exceeding five million shillings or imprisonment for up to ten years or both.

Section 23. Offences relating to internal displacement Section 23(1) No person shall cause, aid or abet, arbitrary displacement through acts that amount to genocide, a crime against humanity or a war crime in accordance with international law and shall be punished in accordance with the International Crimes Act (Cap. 60) Section 23(2)(a) cause the arbitrary displacement of other persons as provided for in section 6 of this Act; Section 23(2)(b) impede access to internally displaced persons; Section 23(2)(c) cause harm to internally displaced persons; Section 23(2)(d) cause harm to humanitarian personnel; Section 23(2)(e) impede the work of humanitarian personnel; Section 23(2)(f) obstruct the provision of humanitarian assistance to internally displaced persons; Section 23(2)(g) steal, or loot, or destroy humanitarian supplies for internally displaced persons; Section 23(2)(h) misuse or abuse the use of humanitarian assistance for internally displaced persons; and Section 23(2)(i) aid or abet the commission of any of the acts or omissions specified in paragraphs (a) to (h). Section 23(3) Any person who contravenes the provisions of subsection (2) commits an offence and is liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding ten years or to both such fine and imprisonment.

Section 23Verify source

§ 24MISCELLANEOUS PROVISIONS - 24. Giving false informationProvision

A person must not pretend to be, or present himself in a way that suggests he is, an internally displaced person when he is not one.

Section 24. Giving false information Section pretends to be an internally displaced person or presents himself in a manner likely to suggest that he is an internally displaced person whilst he is not such person; or

Section 24Verify source

§ 25MISCELLANEOUS PROVISIONS - 25. RulesProvision

The Cabinet Secretary may make rules to give effect to the Act, on recommendation by the Committee.

Section 25. Rules Section 25(1) The Cabinet Secretary may, upon recommendation by the Committee, make rules for giving effect to this Act. Section 25(2)(a) prescribe what is required under this Act; Section 25(2)(b) prescribe the process and criteria for vetting of internally displaced persons to establish their authenticity; Section 25(2)(c) provide for the prior administrative steps to be taken under this Act; Section 25(2)(d) provide for the management of the Fund subject to the provisions of this Act; and Section 25(2)(e) provide for the dissemination of information under this Act.

Section 25Verify source

Legislative relationships

4 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

Fund subject to the provisions of this Act
Section 25

G–M

2 instruments

Government The national Government is responsible for administering this Act
Section 11
Guiding Principles is prohibited and shall constitute an offence punishable under this Act
Section 6

T–Z

1 instrument

Victims of Post-2007 Election Violence established by regulation 3 of the Government Financial Management Regulations, 2008
Section 2

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