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 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...

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

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 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 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 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 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 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...

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 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 perso...

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 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 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 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 Cou...

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) mo...

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 interna...

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 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 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 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 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 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...

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 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.