Kenya Human Rights Commission has sued the State for what it has termed as failing to protect citizens from the ongoing floods which have led to displacement and deaths in the country.
KHRC wants the State to provide humanitarian assistance to all victims who were displaced in Mukuru kwa Njenga, Mukuru kwa Reuben slums and Mai Mahiu flash floods.
In an application filed at Milimani High Court, the commission says that at the heart of the country, is a disaster and crisis of floods that has already claimed lives and continues to displace people from their habitual residential areas.
It says the floods have caused massive destruction of property, both private and public and continue to disrupt the daily lives of Kenyans.
Despite the extensive adverse effects, the commission claims that the CS for Interior Kithure Kindiki, Lands CS and Water CS through their acts, 'knee-jerk reactions', and omissions have been indolent in their constitutional and statutory duties which has led to extensive and gross violation of human rights and fundamental freedoms.
"That the threat to violation of human rights and/or actual violation of the rights and fundamental freedoms as highlighted in the petition herein are ongoing violations, very live issues and continuously affects the general public," the court documents read.
That in one such knee jerk reaction, CS Kindiki issued a directive for evacuation of all persons residing within 30-metre riparian corridor of rivers and other water courses within 24 hours.
That whilst the directive is meant to safeguard the lives and property of the residents thereon, the directive was abrupt and has now resulted to the demolition of houses, destruction of property and loss of lives in Mukuru kwa Jenga and Kwa Reuben slums with no alternative dwelling places for the people nor adequate compensation for the said displacement, KHRC says.
The commission now wants that pending the hearing and determination of the application and Petition Court to issue an interim order for CS Kindiki to provide humanitarian assistance in the nature of alternative accommodation, food and social amenities to Citizens who have been evacuated from Mukuru kwa Jenga, Kwa Reuben slums and other informal settlements as a result of the raging flash floods across the country,
"Pending the hearing and determination of this application, this court to issue an interim order for the Respondent to provide humanitarian assistance in the nature of alternative accommodation, food and social amenities to the families in the Mai Mahiu area affected by the raging floods as a result of accumulation of water in the huge gully along the Kenya Uganda railway line inside the Kijabe/Kinare Forest that occasioned deaths and destruction of property", the commission states.
The commission also prays for a conservatory order to be directed to the 4th Respondent in the nature of a structural interdict to share with the court a report on the status of all dams and large water extractions specifically the permits, last date of inspection and their general safety status;
The commission states that on the July 30, 2023, the Kenya Meteorological Department (KMD) issued a comprehensive update on the analysis of El Nino in which it indicated a high likelihood (90 per cent) chance that the El Nino rains would prevail during the remaining part of 2023 and extend to early 2024.
Subsequently, on August 30, 2023, the KMD issued a further forecast on the state of the rains for the months of October, November and December.
The forecast which was reviewed on February 29, 2024 indicated the possibility of enhanced rainfall in various parts of the country that might lead to adverse effects such as floods, landslides, mudslides, rising water levels and disruption of social economic activities.
In the same notice, the KMD suggested precautionary measures to be undertaken to avert the effects such as enhancing the emergency response preparedness by various stakeholders.