ADVOKS GLOBAL · KENYA
Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act
2. Interpretation
Edition: 2022-12-31 · In force
2. Interpretation
(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" means the Humanitarian Fund for Mitigation of Effects and Resettlement of Victims of Post-2007 Election Violence established by regulation 3 of the Government Financial Management Regulations, 2008 (L.N. 11/2008);"internally displaced person" means a person or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, large scale development projects, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border;"non-State actors" means persons or organizations who are not attributable to the State and whose actions are generally not attributable to the State;"protection" means all activities aimed at obtaining full respect of the rights of internally displaced persons in accordance with the letter and spirit of the fundamental rights and freedoms under the Bill of Rights of the Constitution of Kenya and applicable regional and international human rights and humanitarian law instruments; and"Protocol" means the Great Lakes Protocol on Protection and Assistance to Internally Displaced Persons as adopted by the International Conference on the Great Lakes Region in 2006 and set out in the First Schedule.(2)In this Act—(a)a reference to "public interest" shall be construed, in reference to large-scale development projects, the development interests of, and for the benefit of, the people of the Republic as whole, including persons displaced by such project;(b)a reference to "United Nations" shall be construed to be a reference to the United Nations Country Team in Kenya;(c)until after the first election under the Constitution, reference to "Cabinet Secretary" shall be construed to mean "Minister";(d)until after the first election under the Constitution, reference to "Principal Secretary" shall be construed to mean "Permanent Secretary".