ADVOKS GLOBAL · KENYA
Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act
11. Responsibilities of Government
Edition: 2022-12-31 · In force
11. Responsibilities of Government
(1)The national Government shall bear ultimate responsibility for the administrative implementation of this Act.(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.(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.(4)Without prejudice to the generality of the foregoing, the Government shall, in accordance with Article 3(3) of the Protocol and Principles 2(1) and 28(1) of the Guiding Principles, bear the primary duty and responsibility for—(a)preventing and protecting from internal displacement, preparing for it and mitigating its consequences;(b)protecting and assisting internally displaced persons throughout the Republic; and(c)creating conditions conducive to and providing durable and sustainable solutions for internally displaced persons.(5)In particular, the Government shall bear the primary duty and responsibility to—(a)designate, where necessary, official areas for the settlement of internally displaced persons in the Republic;(b)facilitate the administration of settlement areas for internally displaced persons;(c)ensure adequate provision of basic social and health services in areas inhabited by internally displaced persons;(d)ensure, where necessary, the maintenance of public order, public security, and public health in areas inhabited by internally displaced persons;(e)safeguard and maintain the civilian and humanitarian character of settlements; and(f)ensure adequate provision of the social economic rights specified in Article 43 of the Constitution.(6)In particular, the Government shall and in accordance with Article 3(6-8) and (10) of the Protocol and Principles 24-27 of the Guiding Principles—(a)request international assistance if the capacity of the Government to provide such protection and assistance is insufficient, inadequate or lacking;(b)ensure rapid and unimpeded access of humanitarian personnel to all internally displaced persons;(c)ensure that humanitarian assistance is not diverted; and(d)ensure the protection of humanitarian personnel, transports and goods.(7)The Government, through the Cabinet Secretary may delegate to the Committee the exercise of any of the responsibilities under subsections (4), (5) and (6).