STATEMENT OF OBJECTIVE
The objective of this study is to assess the effect of the legislative gap with regards to disaster management in Kenya and subsequently provide suitable remedies.
This paper seeks to evaluate the following question:
1. Does Kenya have legislative framework in place to cover disaster management?
2. How adequate is the legal framework in operation (soft laws) in disaster management in Kenya?
3. How does the legal framework in Kenya compare to that in South Africa?
4. Is disaster management a devolved function?
5. How effective would disaster management be if solely left to the County governments as opposed to doing so in a joint effort nationally?
6. Are multiple pieces of legislation for each county a more effective approach than a single piece of national legislation?
7. Are there any adverse effects of having a multiplicity of legislation addressing the same issue?
8. What are the recommendations for legal and policy reform for disaster management?
This study is premised on the following assumptions:
1. There is a gap in the legislative framework in place in Kenya covering disaster management.
2. Public policy documents in place are inadequate to handle national disasters.
3. The gap in legislative framework leaves Kenya open to unnecessary risk of damage and injury.
4. Disaster management legislation assists nations to prevent disasters, prepare for disasters, respond to disasters, monitor progression of disasters and mitigate damage caused by disasters.
5. Disaster management is the mandate of both the county government and the national government. The mandate should be executed at both levels.
6. Multiple pieces of legislation addressing the same issue has adverse effects.
7. One piece of national legislation is more beneficial than a multiplicity of legislation.
8. Kenya requires national legislation on disaster management.