National Drought Management Authority Act

The Act may be cited as the National Drought Management Authority Act.

Jurisdiction: Kenya
Instrument: Act or statute
Citation: Cap. 388
Version: 31 Dec 2022
Language: en
Official source: View official record ↗

Source attribution: Source: Kenya Law

Statute overview

About this statute

The Act may be cited as the National Drought Management Authority Act. This section provides definitions of terms used in the Act, including Authority, Board, Cabinet Secretary, Chairperson, former Authority, former Board, Fund (deleted), Order, and Secretary. The Board formulates policies to achieve its mandate. Section 11(1): The Board's conduct and regulation of its business and affairs must follow the Schedule. Section 11(2): Except as provided in the Schedule, the Board may regulate its own procedure. The Board must appoint a Secretary through an open, transparent and competitive recruitment process; the Secretary must meet specified qualifications and perform specified functions and is an ex officio (non-voting) member and serves a five-year term, renewable once.

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Provisions of National Drought Management Authority Act

Showing 32 of 32

Part I

PRELIMINARY

1
PRELIMINARY - 1. Short title
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The Act may be cited as the National Drought Management Authority Act.

Section 1. Short title Section This Act may be cited as the National Drought Management Authority Act.
2
PRELIMINARY - 2. Interpretation
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This section provides definitions of terms used in the Act, including Authority, Board, Cabinet Secretary, Chairperson, former Authority, former Board, Fund (deleted), Order, and Secretary.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Authority" means the National Drought Management Authority established under section 3 ; "Board" means the Board of the Authority established under section 8 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to drought management; "Chairperson" means the Chairperson of the Board established under section 8 ; "former Authority" means the Authority established under paragraph 3 of the National Drought Management Authority Order, 2011 made by Legal Notice Number 171 of 2011; "former Board" means the Board established under paragraph 6 of the National Drought Management Authority Order, 2011 made by Legal Notice Number 171 of 2011; "Fund" deleted by ActNo. 12 of 2020, s. 2 ; "Order" means the National Drought Management Authority Order, 2011 made by Legal Notice Number 171 of 2011; and "Secretary" means the Secretary to the Authority appointed under section 12. [Act No. 12 of 2020 , s. 2.]

Part II

THE NATIONAL DROUGHT MANAGEMENT AUTHORITY

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THE NATIONAL DROUGHT MANAGEMENT AUTHORITY - 10. Functions of Board
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The Board formulates policies to achieve its mandate.

Section 10. Functions of Board Section formulate policies to achieve its mandate;
11
THE NATIONAL DROUGHT MANAGEMENT AUTHORITY - 11. Conduct of business and affairs of the Board
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Section 11(1): The Board's conduct and regulation of its business and affairs must follow the Schedule. Section 11(2): Except as provided in the Schedule, the Board may regulate its own procedure.

Section 11. Conduct of business and affairs of the Board Section 11(1) The conduct and regulation of the business and affairs of the Board shall be as provided in the Schedule. Section 11(2) Except as provided in the Schedule, the Board may regulate its own procedure.
12
THE NATIONAL DROUGHT MANAGEMENT AUTHORITY - 12. Secretary of the Authority
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The Board must appoint a Secretary through an open, transparent and competitive recruitment process; the Secretary must meet specified qualifications and perform specified functions and is an ex officio (non-voting) member and serves a five-year term, renewable once.

Section 12. Secretary of the Authority Section 12(1) There shall be a Secretary of the Authority who shall be appointed by the Board through an open, transparent and competitive recruitment process. Section 12(2)(a) holds a degree from a recognized university; Section 12(2)(b) has at least ten years post-qualification experience; Section 12(2)(c) has at least five years experience in the relevant field; and Section 12(2)(d) meets the requirements of Chapter Six of the Constitution. Section 12(3) The Secretary shall be an ex officio member of the Board but shall have no right to vote at any meeting of the Board. Section 12(4) The Secretary shall, in the performance of the functions and duties of office, be accountable to the Board. Section 12(5)(a) the chief executive officer of the Authority and shall be responsible for the day to day management of the Authority; Section 12(5)(b) the secretary of the Board; Section 12(5)(c) the head of the secretariat; Section 12(5)(d) the custodian of all of the Authority's records; Section 12(5)(e) executing decisions of the Board; Section 12(5)(e)(i) executing decisions of the Board; Section 12(5)(e)(ii) facilitating, coordinating and ensuring execution of the Authority's mandate; Section 12(5)(e)(iii) preparing and submitting for approval, by the Board, programmes of work for the achievement of the Authority's mandate; Section 12(5)(e)(iv) ensuring staff compliance with public ethics and values; and Section 12(5)(e)(v) the performance of such other duties as may be assigned by the Board or by any other written law. Section 12(6) The Secretary shall hold office for a period of five years, on such terms and conditions of employment as the Board may determine, and shall be eligible for reappointment for a further and final term of five years. Section 12(7)(a) inability to perform the functions of the office arising out of physical or mental incapacity; Section 12(7)(b) gross misconduct; Section 12(7)(c) bankruptcy; or Section 12(7)(d) incompetence. Section 12(8)(a) informed, in writing, of the reasons for the intended removal; and Section 12(8)(b) given an opportunity to put in a defence against any such allegations either in person or through an advocate. Section 12(9) Where the Board does not intend to re-appoint the Secretary after the first term, the Board shall notify the Secretary and shall cause the vacancy to be advertised at least three months before the expiry of the incumbent's term.
13
THE NATIONAL DROUGHT MANAGEMENT AUTHORITY - 13. Appointment of Staff
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The Authority may appoint necessary professional, technical and administrative staff; the Board may request secondment of public officers and determine terms and conditions.

Section 13. Appointment of Staff Section 13(1) The Authority may appoint such professional, technical and administrative officers and support staff as may be necessary for the proper discharge of its functions under this Act on such terms and conditions as the Board may determine. Section 13(2) The Board may whenever it deems it necessary for the better performance of the functions of the Authority, request the Public Service Commission to second to the Authority such number of public officers as it may consider adequate for its purposes. Section 13(3)(a) not more than two-thirds of the staff shall be of the same gender; Section 13(3)(b) the regional and other diversity of the people of Kenya is taken into account; and Section 13(3)(c) persons with disabilities are afforded adequate and equal opportunities.
14
THE NATIONAL DROUGHT MANAGEMENT AUTHORITY - 14. Delegation of powers of the Board
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The Board may delegate any powers or functions of the Authority to a Board member, employee, or agent, subject to this Act.

Section 14. Delegation of powers of the Board Section Subject to this Act, the Board may, either generally or in a particular case, delegate to a member of the Board or to an employee or agent of the Authority, the exercise of any of the powers or the performance of any of the functions or duties of the Authority under this Act.
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THE NATIONAL DROUGHT MANAGEMENT AUTHORITY - 15. Remuneration of members of the Board
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The Cabinet Secretary determines the remuneration payable to members of the Board, in consultation with the Salaries and Remuneration Commission.

Section 15. Remuneration of members of the Board Section The remuneration payable to members of the Board shall be determined by the Cabinet Secretary in consultation with the Salaries and Remuneration Commission.
16
THE NATIONAL DROUGHT MANAGEMENT AUTHORITY - 16. Code of conduct
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Members of the Board and the secretariat of the Authority must subscribe to the code of conduct.

Section 16. Code of conduct Section Members of the Board and the secretariat of the Authority shall subscribe to the code of conduct as the Board may, by regulations, prescribe.
17
THE NATIONAL DROUGHT MANAGEMENT AUTHORITY - 17. Seal of the Authority
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The Secretary must keep the Authority's seal; the Chairperson and the Secretary must authenticate the seal when it is affixed; the Board must nominate a member to authenticate in their absence; documents under the seal are received in evidence as executed; documents executed as required bind the Board.

Section 17. Seal of the Authority Section 17(1) The seal of the Authority shall be kept in the custody of the Secretary. Section 17(2) The affixing of the seal shall be authenticated by the Chairperson of the Board and the Secretary. Section 17(3) Any document purporting to be under the seal of the Authority or issued on behalf of the Authority shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved. Section 17(4) Notwithstanding subsection (2), the Board shall, in the absence of the Chairperson or the Secretary, nominate one member of the Board to authenticate the seal on behalf of either the Chairperson or the Secretary. Section 17(5) A deed, instrument, contract or other document executed in accordance with subsection (2) shall bind the Board.
3
THE NATIONAL DROUGHT MANAGEMENT AUTHORITY - 3. Establishment of the Authority
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Establishes the National Drought Management Authority and states it is the successor to the former Authority; lists examples of functions including suing and being sued, property dealings, entering contracts, and other acts necessary for performance of its functions.

Section 3. Establishment of the Authority Section 3(1) There is established a body to be known as the National Drought Management Authority. Section 3(2) The Authority shall be the successor to the former Authority existing immediately before the commencement of this Act. Section 3(3)(a) suing and being sued; Section 3(3)(b) purchasing, acquiring, holding or disposing of property; Section 3(3)(c) entering into contracts; and Section 3(3)(d) doing or performing all such other acts as may be necessary for the proper performance of its functions under this Act.
4
THE NATIONAL DROUGHT MANAGEMENT AUTHORITY - 4. Headquarters
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The Authority must have its headquarters in Nairobi; the Authority may establish offices in other counties.

Section 4. Headquarters Section 4(1) The headquarters of the Authority shall be in Nairobi. Section 4(2) The Authority may establish offices in other counties.
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THE NATIONAL DROUGHT MANAGEMENT AUTHORITY - 5. Functions of the Authority
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The Authority must exercise overall coordination over all matters relating to drought management, including implementing related policies and programmes.

Section 5. Functions of the Authority Section exercise overall coordination over all matters relating to drought management including implementation of policies and programmes relating to drought management;
6
THE NATIONAL DROUGHT MANAGEMENT AUTHORITY - 6. Powers of the Authority
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The Authority is granted all powers necessary to perform its functions and specific powers including managing assets, receiving and disbursing funds, associating with organizations, maintaining bank accounts, offering services, taking resilience-building actions, and obtaining and publishing information.

Section 6. Powers of the Authority Section 6(1) The Authority shall have all powers necessary for the execution of its functions under this Act. Section 6(2)(a) manage, control and administer the assets of the Authority in such manner and for such purposes as best promote the purpose for which the Authority is established; Section 6(2)(b) receive any gifts, grants, donations or endowments made to the Authority or any other monies in respect of the Authority and make disbursements from such monies in accordance with the provisions of this Act; Section 6(2)(c) enter into association with such other bodies or organizations within or outside Kenya as it may consider desirable or appropriate so as to aid the furtherance of the purposes for which the Authority is established; Section 6(2)(d) open and maintain a bank account or accounts for the funds of the Authority; Section 6(2)(e) offer its services to any person upon such terms as the Authority may from time to time determine; Section 6(2)(f) take appropriate actions that aim at minimizing drought induced risks and building drought and climate change resilience among communities; and Section 6(2)(g) obtain, collate and publish information from any public or non-governmental organization whose aim is to build drought and climate change resilience and respond to drought and climate change risks.
7
THE NATIONAL DROUGHT MANAGEMENT AUTHORITY - 7. Drought co-ordination institutional framework
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Section 7 requires facilitation of national and county coordination frameworks through policy guidance, and requires ensuring that action by all stakeholders in response to drought and climate change risks is timely, harmonized and effective.

Section 7. Drought co-ordination institutional framework Section 7(1)(a) facilitate co-ordination frameworks at national and county levels of government by providing appropriate policy guidance; and Section 7(1)(b) ensure that action taken by all stakeholders in response to drought and climate change risks is timely, harmonized and effective. Section 7(2) deleted by ActNo. 12 of 2020, s. 3 (b). [Act No. 12 of 2020 , s. 3.]
8
THE NATIONAL DROUGHT MANAGEMENT AUTHORITY - 8. Board of the Authority
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Section 8 establishes the Board composition, member qualifications, a diversity obligation for appointments, election of a vice‑Chairperson, and four‑year terms with one possible reappointment.

Section 8. Board of the Authority Section 8(1)(a) a Chairperson appointed by the President; Section 8(1)(b) the Principal Secretary in the Ministry for the time being responsible for matters relating to drought management or a person designated by the Principal Secretary; Section 8(1)(c) the Principal Secretary in the Ministry for the time being responsible for matters relating to finance or a person designated by the Principal Secretary; Section 8(1)(d) four persons appointed by the Cabinet Secretary; Section 8(1)(e) one person who shall be nominated by the Council of Governors; and Section 8(1)(f) the Secretary. Section 8(2)(a) holds a degree from a recognized university; Section 8(2)(b) has at least ten years experience in the relevant field; Section 8(2)(c) meets the requirements of Chapter Six of the Constitution; and Section 8(2)(d) is not a State officer. Section 8(3) In appointing the members of the Board under subsection (1)(a) and (d), the Cabinet Secretary shall take into account the gender, regional and other diversities of the people of Kenya. Section 8(4) The members of the Board shall, at the first meeting of the Board and whenever need arises, elect a vice-Chairperson from amongst the members appointed under subsection (1)(d). Section 8(5) The Chairperson and the members of the Board appointed under subsection (1)(d) and (e) shall hold office for a term of four years and shall be eligible for reappointment for a further and final term of four years. [Act No. 18 of 2018 , Sch.]
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THE NATIONAL DROUGHT MANAGEMENT AUTHORITY - 9. Vacancy in the Board
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The Cabinet Secretary must notify every resignation, vacancy or termination in the Gazette as soon as practicable; the section also lists grounds on which a Board member vacates office and says the appointment procedure applies to fill vacancies.

Section 9. Vacancy in the Board Section 9(1)(a) dies; Section 9(1)(b) by notice in writing addressed to the Cabinet Secretary resigns from office; Section 9(1)(c) is convicted of an offence and sentenced to imprisonment for a term of more than six months without the option of a fine; Section 9(1)(d) is absent from three consecutive meetings of the Board without good cause; or Section 9(1)(e) is removed in accordance with the provisions of the Constitution. Section 9(2) The Cabinet Secretary shall as soon as practicable notify every resignation, vacancy or termination in the Gazette . Section 9(3) Where a vacancy occurs in the membership of the Board, the appointment procedure provided for in this Act shall, with necessary modifications, apply.

Part III

FINANCIAL PROVISIONS

18
FINANCIAL PROVISIONS - 18. Sources of funds for the Authority
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The Authority is entitled to such monies as may be appropriated by Parliament.

Section 18. Sources of funds for the Authority Section such monies as may be appropriated by Parliament;
19
FINANCIAL PROVISIONS - 19. Financial year of the Authority
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The Authority's financial year is the twelve-month period ending on 30 June each year.

Section 19. Financial year of the Authority Section The financial year of the Authority shall be the period of twelve months ending on the thirtieth day of June in each year.
20
FINANCIAL PROVISIONS - 20. Annual estimates
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The Authority must prepare annual revenue and expenditure estimates at least three months before each financial year; the Board must approve those estimates before the financial year starts and, once approved, the sum provided in the estimates shall be submitted to the Cabinet Secretary for approval.

Section 20. Annual estimates Section 20(1) At least three months before the commencement of each financial year, the Authority shall cause to be prepared estimates of the revenue and expenditure of the Authority for that year. Section 20(2)(a) payment of the salaries, allowances and other charges in respect of members of the Board and staff of the Authority; Section 20(2)(b) payment of pensions, gratuities and other charges in respect of members of the Board and staff of the Authority; Section 20(2)(c) proper maintenance of the buildings and grounds of the Authority; Section 20(2)(d) maintenance, repair and replacement of the equipment and other property of the Authority; and Section 20(2)(e) creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment, or in respect of such other matter as the Board may deem appropriate. Section 20(3) The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate and, once approved, the sum provided in the estimates shall be submitted to the Cabinet Secretary for approval. Section 20(4) No expenditure shall be incurred for the purposes of the Authority except in accordance with the annual estimates approved under subsection (3), or in pursuance of an authorisation of the Board given with prior written approval of the Cabinet Secretary.
21
FINANCIAL PROVISIONS - 21. Accounts and audit
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The Board must keep proper books and other records of account showing the Authority's income, expenditure, assets and liabilities.

Section 21. Accounts and audit Section 21(1) The Board shall cause to be kept proper books and other records of account of the income, expenditure, assets and liabilities of the Authority. Section 21(2)(a) a statement of the income and expenditure of the Authority during that year; and Section 21(2)(b) a statement of the assets and liabilities of the Authority on the last day of that year. Section 21(3) The accounts of the Authority shall be audited and reported upon in accordance with the provisions of the Public Audit Act (Cap. 412B).
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FINANCIAL PROVISIONS - 22. Investment of funds
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The Board may invest the Authority's funds and may place on deposit moneys not immediately required for the Authority.

Section 22. Investment of funds Section 22(1) The Board may invest any of the funds of the Authority in such manner as the Board may from time to time approve. Section 22(2) The Board may place on deposit, with such bank or banks as it may determine, any moneys not immediately required for the purpose of the Authority.
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FINANCIAL PROVISIONS - 23. Exemption from charges
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The Cabinet Secretary may exempt the Authority from taxes, duties, fees or other charges by notice in the Gazette.

Section 23. Exemption from charges Section The Cabinet Secretary may exempt the Authority from such taxes, duties, fees or other charges as the Cabinet Secretary may, by notice in the Gazette , specify.

Part IV

MISCELLANEOUS PROVISIONS

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MISCELLANEOUS PROVISIONS - 24. Annual report
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The Board must prepare and submit to the Cabinet Secretary an annual report on the Authority's operations within three months after the financial year; the Cabinet Secretary must lay that report before the National Assembly within thirty days of receipt.

Section 24. Annual report Section 24(1) The Board shall, within three months of the end of a financial year, prepare and submit to the Cabinet Secretary an annual report on the operations of the Authority for the preceding year. Section 24(2)(a) the financial statements of the Authority; and Section 24(2)(b) a detailed report of the activities of the Authority. Section 24(3) The Cabinet Secretary shall, within thirty days of receipt of the annual report, cause the report to be laid before the National Assembly.
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MISCELLANEOUS PROVISIONS - 25. Publication of information
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The Board must publish and publicize all important information within the Authority's mandate that affects the nation.

Section 25. Publication of information Section 25(1) The Board shall publish and publicize all important information within the mandate of the Authority that affects the nation. Section 25(2)(a) shall be addressed to the Secretary or such other person as the Board may for that purpose designate and may be subject to the payment of a reasonable fee in instances where the Authority incurs an expense in providing the information; and Section 25(2)(b) may be subject to confidentiality requirements of the Board. Section 25(3)(a) the request is unreasonable in the circumstances; Section 25(3)(b) the information requested is at a deliberative stage by the Board; Section 25(3)(c) the prescribed fee is not paid; or Section 25(3)(d) the applicant fails to satisfy any confidentiality requirements by the Board.
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MISCELLANEOUS PROVISIONS - 26. Conflict of interest
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People present at Board or committee meetings who (or whose spouse) have a private interest must declare that interest, not take part in discussion or voting unless the Board/committee directs otherwise; the disclosure must be recorded in the minutes. Contravention is an offence punishable by a fine (up to five hundred thousand shillings), imprisonment (up to five years) or both. Members of the Board and Authority staff must not transact business or trade with the Authority.

Section 26. Conflict of interest Section 26(1) If a person is present at a meeting of the Board or a committee of the Board at which the matter that is the subject of consideration and is one in which that person or that person's spouse is directly or indirectly interested in a private capacity, that person shall, as soon as practicable after commencement of the meeting, declare such interest and shall not, unless the Board or committee otherwise directs, take part in any consideration or discussion of, or vote on any question touching on such matter. Section 26(2) A disclosure of interest made under subsection (1) shall be recorded in the minutes of the meeting at which it is made. Section 26(3) A person who contravenes subsection (1) commits an offence and is liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding five years or to both. Section 26(4) A member of the Board and the staff of the Authority shall not transact any business or trade with the Authority.
27
MISCELLANEOUS PROVISIONS - 27. Protection from personal liability
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Members of the Board, staff and agents are not personally liable for acts done in good faith executing the Authority's functions, but the Authority remains liable to pay compensation for injuries caused by exercising its powers.

Section 27. Protection from personal liability Section 27(1) No matter or thing done by a member of the Board or a member of staff or agent of the Authority shall, if the matter or thing is done in good faith for executing the functions, powers or duties of the Authority under this Act, render the member, officer, employee or agent or any person acting on their directions personally liable to any action, claim or demand whatsoever. Section 27(2) The provisions of subsection (1) shall not relieve the Authority of the liability to pay compensation or damages to any person for any injury caused by the exercise of any of the powers or functions conferred by this Act or any other written law.
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MISCELLANEOUS PROVISIONS - 28. Legal proceedings against the Authority
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Proceedings against the Authority are treated as proceedings against the Government and are subject to the Government Proceedings Act; notices in such proceedings must be served on the Secretary of the Authority.

Section 28. Legal proceedings against the Authority Section 28(1) Proceedings against the Authority shall be deemed to be proceedings against the Government and shall be subject to the Government Proceedings Act (Cap. 40). Section 28(2) Any notice or other processes in respect of legal proceedings under subsection (1) shall be served upon the Secretary of the Authority.
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MISCELLANEOUS PROVISIONS - 29. Offences and penalties
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Ignoring or failing to obey an instruction issued by a member of the Board or an employee or agent of the Authority in the exercise of the Authority's powers or functions is an offence unless there is a lawful excuse.

Section 29. Offences and penalties Section without lawful excuse ignores or fails to obey any instruction issued by a member of the Board or an employee or agent of the Authority in exercise of the powers or the performance of the functions of the Authority under this Act;
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MISCELLANEOUS PROVISIONS - 30. Regulations
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The Cabinet Secretary may, in consultation with the Board, make regulations to carry out this Act, subject to limits and applicable principles.

Section 30. Regulations Section 30(1) The Cabinet Secretary may, in consultation with the Board, make Regulations for the better carrying out of the provisions of this Act. Section 30(2)(a) the authority of the Cabinet Secretary to make regulations under this Act shall be limited to bringing into effect the provisions of this Act and for the fulfillment of the objectives of this Act; Section 30(2)(b) the principles and standards applicable to the regulations made under this section are those set out in the Interpretation and General Provisions Act (Cap. 2) and the Statutory Instruments Act (Cap. 2A).

Part V

SAVINGS, TRANSITION AND REPEAL

31
SAVINGS, TRANSITION AND REPEAL - 31. Savings and transition
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All assets and liabilities of the former Authority shall be transferred to and shall vest in the Authority.

Section 31. Savings and transition Section all assets and liabilities of the former Authority shall be transferred to and shall vest in the Authority;
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SAVINGS, TRANSITION AND REPEAL - 32. Repeal
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On the commencement of this Act, the Order shall stand repealed.

Section 32. Repeal Section On the commencement of this Act, the Order shall stand repealed.

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