EXPLAINER: Details of new bill where you will be fined Sh5M for weather forecasting

Giving weather predictions without the consent of the Kenya Meteorological Department could soon land you in jail or cost a Sh5 million fine.

The Meteorology Bill, 2023 by Senate Majority Leader Aaron Cheruiyot seeks to penalise the issuance of metrological information without the consent of the Met department.

"A person who engages in any meteorological observations, weather forecasting activities or weather modification activities without a permit commits an offence and shall be liable upon conviction to a fine not exceeding Sh5 million or to imprisonment for a term not exceeding," reads part of the amendments.

Initially, the proposed fine was Sh1 million but in the amendments expected to be presented on Wednesday before the Senate, it has been increased to Sh5 million.

The bill also 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.

Cheruiyot in the amendments also proposed that the authority should regulate meteorological services in Kenya.

The authority should ensure compliance with international standards and practices in meteorological services.

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 Sh1 million or imprisonment for a term not exceeding twelve months or both," reads the bill.

In the amendments, the authority will also be required to provide any meteorological services and information to the general public upon request.

"A person who obtains any meteorological data, information and other meteorological services from the Authority as a private good shall not, without the consent of the Authority, provide the same to a third party or cause it to be distributed," read the recommendations in parts.

The Meteorological Service Authority should also ensure compliance with standards in stations and maintenance of meteorological services.

"The authority shall set standards, develop curricula, provide training in meteorology, operational hydrology and related sciences, examine and award diploma and certification in line with the World Meteorological Organisation and other standards," reads the bill in part.

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 Sh2 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 Sh500,000 or imprisonment for a term not exceeding twelve months or both fine and imprisonment," says Cheruiyot in the bill.

The Meteorological Bill, 2023 notes that 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.