Sh10m fine for theft of disaster funds

You risk a Sh10 million fine or a jail term not exceeding 10 years or both if you steal resources meant for disaster victims. The National Disaster Risk Management Bill 2023, currently before the National Assembly, seeks to coordinate disaster risk management activities both at the national and county levels of government. The Bill also proposes punitive measures against those who raise false alarm or claims for the purpose of self-profiteering.

“A person who, being entrusted with any money or materials or being in custody of money or goods meant for relief during disaster, misappropriates, appropriates for own use, compels another person to misappropriate the money or goods, commits an offence,” reads the Bill.

The Bill states that a person who commits such an offence “is liable on conviction to a fine not exceeding Sh10 million or imprisonment for a term not exceeding 10 years or both”. The Bill seeks to promote effective and timely responses “to any disaster or risk of disaster and to prevent the adverse effects of a disaster, recover as far as may be possible the livelihood of communities affected by a disaster”.

The Bill proposes to establish the Intergovernmental Council on Disaster Risk Management (IGCDRM) and the National Disaster Risk Management Authority (NDRMA) to provide for coordination of disaster risk management issues at the national and county levels.

Overseen by a board, IGCDRM will be the apex body while NDRMA shall act as the national coordination body “on matters of disaster risk management” and shall draw its funding from monies appropriated by the National Assembly, Appropriation-in-Aid and funds donated by donors.

“Nothing shall render any such person liable to any penalty under this Act if that person proves that the offence was committed without the person’s knowledge or that the person exercised due diligence to prevent the commission of the offence.”

Reports from the Office of the Auditor-General have put governors and officers from the national government agencies on the spot over numerous cases of misappropriation of funds meant for disaster victims . The proposed legal framework clarifies roles, responsibilities and coordination mechanisms for disaster risk management across sectors as well as between the national and county governments.

The proposed law seeks to create County Disaster Risk Management Committees in each of the 47 counties. To ensure effective coordination, the Bill plans to bring together the staff of the National Disaster Operations Centre (NDOC) and the National Disaster Risk Management Unit (NDRMU) to undertake national disaster risk management activities.

Also not spared by the Bill is a person obstructing an officer or employee of the authority, a county committee, county disaster risk management centre from discharging their duties or refuses to comply with instructions. The Bill states that such a person is liable to a fine not exceeding Sh2 million or jail term of up to two years or both.

The Bill also makes it a crime and imposes punitive penalties to individuals who make a false claim for the purpose of soliciting for any help. “A person who knowingly makes a false claim for the purpose of obtaining any relief, assistance, repair, reconstruction or other benefit from the authority commits an offence and is liable on conviction to a fine not exceeding Sh1 million or to imprisonment to a term not exceeding one year or both,” the Bill proposes.

The same penalty also applies to a person who makes or circulates a false alarm knowingly or warning as to a disaster or its severity or magnitude leading to panic.

The Bill comes against a backdrop of damning revelations by Auditor-General Nancy Gathungu over the country’s preparedness in dealing with disasters like the recent floods . In her performance audit on the response by government to the floods of March 2023, Ms Gathungu noted lack of clear disaster response legal framework and policies may have aggravated the flooding situation leading to loss of lives.

The audit covered a period of five years from July 2017 to June 2022 and sampled flood-prone counties — Baringo, Kisumu, Narok, Busia, Tana River and Garissa — where 76 people lost their lives. It noted that despite floods being cyclical and occurring annually, there was no specific budget line for food response from the State Department for Internal Security and Directorate of Special Programmes. The two agencies are responsible for the management of disasters but are bogged down by lack of coordination.

The Internal Security department is responsible for early warning information and coordination responses, which is managed through the National Disaster Operations Centre (NDOC) and National Government Administration Officers (Ngao). The Directorate of Special Programmes, domiciled in the State Department for Arid and Semi-Arid Lands (Asals) and Regional Development, is responsible for humanitarian relief and rehabilitation of victims.

AM Live

AM Live is NTV's morning current affairs show that sets the agenda for the day with insightful panels every weekday.

BNX

Business Redefined

Business Redefined is Kenya’s premier thought leadership platform for unpacking matters regarding economic and finance policy as well demystifying complex developments in the region’s capital markets.

Entertainment

A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula

Full Episodes

A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula

Gumzo La Sato

Gumzo La Sato is a live social issues show that aims to create awareness about issues affecting the larger society. The discussions range from Parenting, Marital bliss and struggles, Oppression, violence, and all matters of the Heart.

Health Diary

Health Diary is a weekly show that highlights different types of diseases/conditions and seeks ways to prevent, treat/manage them. The show debunks this through real life stories and also feature specialists in different fields, to offer medical advice on the same.

Letter To My Younger Self

Letter To My Younger Self is a podcast where guests get to write a letter to their younger self, from which Maxine formulates questions to ask them during the hour-long show.

Mazao Talks

Mazao looks at agriculture and agribusiness

Nation Reports

Nation Reports is a weekly podcast offers an opportunity for listeners to interact with various reporters and journey with them as they unravel the biggest most emotive stories.

One Health Lens Podcast

Discussing health matters and human stories from Kenya and across Africa. We talk big picture from people to policy, ecosystems, and everything in between. Follow us on LinkedIn: https://www.linkedin.com/company/onehealthlens

Paradise Lost

Paradise Lost peeks through the story of Louis Otieno, the times, and everything in between.

Podcasts

Podcasts

Speaking of GEN Z

Speaking of Gen Z brings you entertaining but meaningful conversations about a generation that is trying to navigate through adulthood. Join hosts Michelle, Jackie and Esther as they unravel all things Gen Z.

Sport On

Sport-On is a 30-minute sports magazine show on NTV and 3 hours on NATION FM. The show seeks to give the sports “fanatics” and “funatics” comprehensive and in-depth coverage of sports both locally and internationally.

Tech-over

The extent of technological growth is beyond mere acknowledgment; it has seamlessly integrated into our daily existence. A few years ago, the notion of paying electricity bills through mobile money or recharging with 'tokens' in Kenya seemed inconceivable. Online product sales were considered distant, and artificial intelligence is rapidly reshaping various facets of our lives. Amidst these technological leaps, those with a solid understanding of tech can navigate challenges, seize opportunities, and build a sustainable livelihood. Tech over Show aims to be the platform facilitating discussions among thought leaders, innovators, tech companies, and the government, addressing challenges and opportunities in Kenya's thriving tech industry.

Thamani

Thamani is a business show which is dedicated to emerging issues regarding micro, small and medium size businesses.

The Politalk podcast

This is The Politalk podcast. Here we look into the ins and outs of everything Kenyan politics. We pull no punches and have no reason to sugarcoat anything that matters to Kenyans.

The Trend

A two-hour-long live show that airs on Fridays. The show focuses on what is current in the entertainment industry, controversial and popular across all media platforms targeting those aged between 25 and 35 years.

The trend podcast

The trend podcast highlights and captures the best of banter from #TTTT segment that airs every Friday on NTV. It's the TTTT EXTRA

The Wicked Edition

The Wicked Edition with Dr. King’ori seeks to address serious issues through humour and relatable wit. It is a two-part half hour show filmed in front of a live audience

Trending

A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula

Twende

Twende is a travel show that highlights beautiful, unique, diverse locations, people, and cultures. The show offers fresh perspectives on familiar locations and memorable experiences in new ones.

Unscripted

This Saturday evening lifestyle show lets viewers share their stories and life experiences as openly & honestly for the purpose of shifting the culture of silence.

VIP Access

VIP ACCESS is Anyiko Owoko’s YouTube and podcast show on Music and Culture dedicated to promoting Africa’s most promising talent and creatives. This podcast grants you VIP access into timeless interviews while providing a platform for rising as well as established artists across the continent. Since launching in 2018, Anyiko has interviewed over 70 African music stars.

WADR

This weekly news show aims to have all sides of debate but not be constrained by it, listen to main voices in the contest but not allow them to hold the viewers hostage, entertain debate but allow push back with all due respect.

When death do us part

In this podcast, three widowers openly speak about the process of grief, how they found themselves exposed to the emotional turmoil of losing their wives, and how society still does not know how to deal with them.

Your World

Your World is a health, wellness and variety show. It provides a platform for audiences and experts to share their experiences on how to improve or manage health issues, across Kenya and the Africa region.