ADVOKS GLOBAL · KENYA
National Disaster Risk Management Act
30. Declaration of National State of Disaster
Edition: 2026-06-02 · In force
30. Declaration of National State of Disaster
(1)In the event of a national disaster, the President may declare a National State of Disaster by notice in the Gazette.(2)The declaration of a National State of Disaster shall contain—(a)a concise statement of the reasons for the declaration; and(b)the duration of the declaration.(3)A National State of Disaster declared under subsection (1)—(a)shall lapse on the date specified in the notice declaring the national state of disaster;(b)may be terminated by the President at any time before the lapse of the period specified in paragraph (a); or(c)may by notice in the Kenya Gazette be extended by the President, any time before the period specified under paragraph (a) lapses.(4)During the subsistence of a declaration of a National State of Disaster, the President may make orders, or the issue directives, concerning—(a)the release of any available resources of the national government including stores, equipment, vehicles and facilities;(b)the release of personnel of a national state organ for rendering of emergency services;(c)the implementation of all or any of the provisions of a national disaster management plan that are applicable in the circumstances;(d)the evacuation to temporary shelters of all or part of the population from the disaster-stricken or threatened area if such action is necessary for the preservation of life;(e)the regulation of traffic to, from or within the disaster-stricken or threatened area;(f)the regulation of the movement of persons and goods to, from or within the disaster-stricken or threatened area;(g)the authorization of or direction to any person, or any class of persons, to render essential services of a type that that person, or a person of that class, is competent to provide and the provision of reasonable compensation in respect of services so rendered;(h)the regulation of the distribution, sale and availability of essential goods, services and resources;(i)emergency procurement procedures;(j)the imposition of such penalties as may be specified for any contravention of or failure to comply with the provisions of the orders or any directions issued or conditions prescribed by or under the orders or regulations, which may include the confiscation of goods, property or instruments by means of which or in connection with which the offence has been committed:Provided that no order or regulation shall make provision for the imposition of imprisonment for a period of exceeding six months or of a fine exceeding twenty thousand shillings; and(k)other steps that may be necessary to prevent an escalation of the disaster, or to alleviate, contain and minimise the effects of the disaster.(5)When a State of National Disaster lapses or is terminated as provided for in this section, any regulation, order or directive made or issued in consequence thereof shall thereby cease to be in force:Provided that nothing in this section shall affect the validity of anything done pursuant to a declaration of a national state disaster or any regulation, order or directive made in consequence thereof, prior to the cessation of the declaration of the state of national disaster, the regulation, order or directive as the case may be; or from any right, privilege, obligation or liability acquired, accrued or incurred thereunder.