The Kenya Human Rights Commission (KHRC) has expressed concerns that the government's response to the impending El Nino rains could exacerbate human rights violations, particularly in vulnerable communities. With about 80 per cent of the country at risk of severe flooding, the commission is urging the government to prioritize human rights in its preparations, evacuations, and relief operations. This warning comes in the wake of the devastating 2024 floods that resulted in significant loss of life and displacement.
According to KHRC, the 2024 floods, which killed at least 170 people and displaced over 200,000 by May 2, had a disproportionate impact on informal settlements and other vulnerable communities. The commission's Executive Director, Davis Malombe, emphasized that the effects of flooding extend beyond loss of life and property damage, particularly for those living in informal areas. The government is urged to ensure that evacuation, relocation, and relief measures do not result in human rights violations, especially for people from low-income neighborhoods.
The KHRC highlighted several concerns regarding the government's response to the 2024 floods, including the raid on the Mathare Social Justice Centre and Ghetto Foundation offices in Nairobi, where 27 human rights defenders were arrested. The commission also cited demolitions in Mukuru Kwa Reuben and Kiamaiko, which left thousands homeless, and raised concerns about the unequal treatment of vulnerable communities compared to more affluent areas affected by flooding. The commission is demanding that the government take steps to prevent such incidents from recurring.
A 2024 survey by KHRC and the Elimu Bora Working Group found that over 62 primary schools were submerged, putting about 15,000 learners at risk of missing school. The survey also recorded 34 cases of cholera along the Tana River and damage to over 20,000 toilets. The student population in the surveyed schools fell by nine per cent, with girls and learners with special needs disproportionately affected. The commission is urging the government to ensure that affected communities retain access to healthcare, clean water, sanitation, and education.
The KHRC has called for humanitarian assistance to be distributed equitably and for the government to publish accessible information on financing, procurement, and expenditure related to the rains. The commission also wants the government to report on progress made on previous interventions, including its response to the 2024 floods and pledges to compensate victims. Kenya has secured about Sh51.8 billion from the World Bank's Rapid Response Option to prepare for the rains.
The commission is establishing a human rights monitoring and response centre to track emerging governance and rights issues arising from actions by both State and non-State actors during the rains. KHRC's Davis Malombe emphasized that emergency conditions should not be used to bypass procurement laws and public oversight, citing the Auditor-General's report of Sh2.3 billion in irregular procurement of medical supplies at KEMSA during the Covid-19 response.
The KHRC is urging the government to protect human rights defenders and community organizations involved in monitoring the flood response and to ensure that the marginalized, including youth, women, and persons with disability, are protected. The commission's demands come as Kenya prepares for the impending El Nino rains, which are expected to have a significant impact on the country, with all 47 counties expected to be severely affected.
Key points
- The Kenya Human Rights Commission warns that the government's response to El Nino rains could deepen human rights violations.
- The 2024 floods resulted in significant loss of life and displacement, particularly in informal settlements and other vulnerable communities.
- The KHRC is urging the government to prioritize human rights in its preparations, evacuations, and relief operations.
