New Bill proposes Sh1 million fine for met information without consent

Kericho Senator and Senate Majority Leader Aaron Cheruiyot at the National Dialogue Committee Bomas of Kenya on November 06, 2023. [Samson Wire, Standard] Senate Majority Leader Aaron Cheruiyot has sponsored a bill seeking to penalise the issuance of metrological information without the consent of the Met department. Cheruiyo in the bill seeks to have such persons pay up to one million shillings in fines or one-year imprisonment. The Majority leader has sponsored the Meteorology Bill 2023 which seeks to have an act of Parliament to provide for the establishment of the Kenya Meteorological Service Authority whose role would be regulation, coordination, monitoring, management, provision and control of meteorological services and for connected purposes. The bill if passed into law will make it a criminal offence for a person obstructing an authorised officer of the Authority in the exercise of the powers or duties of the authorised officer under this Act and a person who falsely holds themselves out to be an authorized representative of the Authority, destroys, removes or damages a weather observation station or other equipment of the Authority. "A person who issues to the public meteorological data collected or weather information derived from a weather station not registered by the Authority or issues meteorological data or weather information to the public contrary to the provisions of this Act, commits an offence and shall, on conviction, be liable to a fine not exceeding one million shillings or imprisonment for a term not exceeding twelve months or both," says Cheruiyot in the bill. The bill states that a person who uses an instrument or equipment that is not examined or approved by the Authority commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand shillings or imprisonment for a term not exceeding twelve months or to both fine and imprisonment. Cheruiyot seeks to have a person who approves the occupation of land within the limits of the protected area for meteorological observations, weather forecasting activities or weather modification activities to be declared to have committed an offence on conviction, be liable to a fine not exceeding five million shillings or imprisonment for a term not exceeding twenty-four months or both fine and imprisonment. The bill seeks to have a person who relocates meteorological stations, instruments or equipment without the approval of the Authority commits an offence and shall, on conviction, be liable to a fine not exceeding two million shillings or to imprisonment for a term not exceeding twelve months or to both fine and imprisonment. "A person who uses meteorological instruments without a valid calibration certificate from the Authority and Kenya Bureau of Standards commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand shillings or imprisonment for a term not exceeding twelve months or both fine and imprisonment," says Cheruiyot in the bill. The bill states that any person carrying out a feasibility study for the construction of a development project shall use meteorological data issued by the Authority with a person who contravenes the provisions of this act by committing an offence for which no penalty is provided, shall, on conviction, be liable to a fine not exceeding two million shillings or to imprisonment for a term not exceeding twelve months or both fine and imprisonment. The Authority will be required to gather meteorological, climatological and environmental observational data over Kenya and the Western Indian Ocean, sufficient for related analysis and comply with international obligations in accordance with World Meteorological Organization and the International Civil Aviation Organization standards and recommended practices including standards pertaining to the Joint Commission of Oceanography and Marine Meteorology, where practicable. The bill seeks to have international service obligations agreed under the World Meteorological Organization arrangements, including international distribution and exchange of meteorological data as a Regional Telecommunication Hub, Regional Specialised Meteorological Centre, Regional Training Centre, Regional Instrument Centre, a centre of Excellence for the African Satellite Meteorology Education and Training, a test-bed for the World Meteorological Organization concept of operation on the World Meteorological Organization Integrated Global Observing System and World Meteorological Organization Information System, hosting Inter-Governmental Authority for Development Climate Prediction and Application Centre and the World Meteorological Organization Office for Eastern and Southern Africa. "The authority shall provide other meteorological services and the representation of Government in fulfilment of international obligations, where appropriate, the provision of weather and climatic forecasting and early warning services intended for the benefit of the public, safety of life and protection of property and infrastructure including conservation of the natural environment as enshrined in the Constitution of Kenya and the World Meteorological Organization Convention," states the bill. According to the bill the Kenya Meteorological Service Authority shall be required to provide weather forecasts and information to the public for individual, household or group planning, the management and custody of the national climatological databank for research and for posterity. The bill seeks to have the authority to be in charge of the operation and maintenance of the national meteorological observation and telecommunication networks including high-performance computing infrastructure necessary for the provision of Public Good Services. The authority shall be required to provide advice to the Government regarding meteorological and climatological matters, especially advice pertaining to severe weather, extreme climate events, disaster risk reduction, pollution and climate change. "The authority shall research and development aimed at improving the quality of the Public Good Services, Provision of meteorological support for the transport sector including search and rescue operations pertaining to aircraft accidents, disaster risk reduction, relief and rehabilitation services," states the bill. The authority shall be required to provide specialised services for farming activities, provision of maritime weather, sea bulletins, tsunami advisories, alerts and warnings for the safety of life at sea and coastal regions. It shall be required to provide weather and climate information through County Weather and Climate Information Centres and any other service the Cabinet Secretary responsible may declare to be a Public Good Service.

New Bill proposes Sh1 million fine for met information without consent

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New Bill proposes Sh1 million fine for met information without consent

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