Ksh1 Million Fine for Predicting Weather Without Kenya Met Approval

A photo collage showing a section of Kenyans walking in the rain.
A photo collage showing a section of Kenyans walking in the rain.
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The Senate will on Tuesday debate The Meteorology Bill 2023, which seeks to regulate how climate data is collected, analysed and disseminated to the public. 

Senate Majority Leader Aaron Cheruiyot who has sponsored the bill is seeking to create The Kenya Meteorological Service Authority, which will be the sole agency responsible for publishing weather forecasts.

Media houses and persons who make weather predictions not sanctioned by the Authority will be liable to pay a fine of up to Ksh 1 million.

“A person who issues to the public meteorological data collected, or weather information derived from a weather station not registered by the Authority commits an offence and shall, on conviction, be liable to a fine not exceeding Ksh1 million or to imprisonment for a term not exceeding twelve months or to both,” the Bill states. 

Photo of Submerged car along Mombasa - Changamwe road on November 3, 2023
Photo of Submerged car along Mombasa - Changamwe road on November 3, 2023
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ANDY KIM

Additionally, it will be an offence to give or distribute meteorological information obtained from the Authority without consent from the body. 

The Bill is being debated at a time when government organisations have been accused of giving contradictory remarks on El Nino. 

The Kenya Meteorological Department had previously declared that the country would experience El Nino rains. However, President William Ruto later said that would not be the case referencing an advisory opinion from Kenya Met.

In a further twist, Deputy President Rigathi Gachagua on November 10, flanked by Kenya Met officials, changed tune saying that the country will experience El Nino rains following heavy rains witnessed in various parts of the country.

Kenya Met Director  David Gikungu subsequently apologised to the country for the earlier miscommunication. 

“I want to point out that as initially given in the forecast, we have El Nino in this short rainy season 2023 and we do apologize for the lack of communication or miscommunication,” Gikungu posed.

In the proposed Meteorology Bill 2023, such a blunder from the Kenya Met will attract a fine not exceeding Ksh5 million or imprisonment to a term not exceeding two years, or both.

Despite the huge fine set on members of the Authority to make sure data released is reliable, the government will not be responsible for any damage caused due to misinformation from the Kenya Met. 

“The Authority is not liable for any damage, loss or injury sustained or alleged to have been sustained, by any person because of such person’s reliance on meteorological information provided by the Authority,” the Bill proposes. 

A photo of floods witnessed in sections of the Jomo Kenyatta International Airport (JKIA)  and passengers whose luggage fell in water at the airport on November 6, 2023.
A photo of floods witnessed in sections of the Jomo Kenyatta International Airport (JKIA) and passengers whose luggage fell in water at the airport on November 6, 2023.
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Boniface Mwangi / Crystal Simeoni