The convening of this press conference requires some context. Across time, the land question has become an enduring and festering problem in Kenya. Land has been at the centre of various facets of democratic deficit in this country. The 2007/2008 post-election violence is a stark and sordid reminder of how far it can go. C, we have seen eruption of land-based clashes in the Rift Valley, particularly in Njoro and Narok. This is a clear demonstration of the fact that we are not yet there. These re-flaring of what is often called ‘Land Clashes’, also point to a void in our land governance system.

It is for the reasons above that we seek to reiterate that our entire democratic project as  a country lies in the way we deal with the land question.  Success of the Big 4 Agenda and all intended reforms rest on the crest of land. But this land reforms must be accountable, equitable, transparent, sustainable and cost effective. Success of these is not measured by the number of titles issued to individuals and public schools. Nay. The first port of call in evaluating these would be the nature and extent to which the principles of land policy at Article 60 (1) have been infused in the respective interventions.

This is why Kenyans yearned for and established within the constitutional framework a commission known as the National Land Commission. The commission was given a currency with which to operate: trust and confidence. Like any other Chapter Fifteen Commission, they were enjoined at Article 249(1) of the Constitution in protecting the sovereignty of the people; securing observance of democratic values and principles; and promoting constitutionalism.

Today, we are here to report that from our conversations with members of the public, it is patently clear that the National Land Commission has failed us. As one of the Commissioners, Abdulkadir Adan Khalif noted in 2016:

“….I believe that lack of progress in implementing land reforms in Kenya, besides embarrassing the current administration also threatens our social order, economic stability, national security and reverses recent gains in devolution. …Land sector is the only sector that has ground to halt as vested interest conspire to change laws to suite their selfish needs”

That failure is directly attributable to the following commissioners who must therefore carry their own crosses to the Golgotha of public opinion. These commissioners whom Kenyans entrusted with spearheading the land reform agenda must now be held accountable for they are gamekeepers who have turned poachers. Here they are:

1. Commissioner Muhammad Swazuri
2. Commissioner Abigael Mbagaya Mukolwe
3. Commissioner Abdulkadir Adan Khalif
4. Commissioner Clement Isaiah Lenachuru
5. Commissioner Emma Muthoni Njogu
6. Commissioner Samuel Kipng’etich Tororei
7. Commissioner Tomiik Konyimbih Mboya

We have dispatched letters to each and all of them, detailing their complicity in subjugation of the law in:

1. Serious violation of the Constitution and other laws, including multiple contravention of chapter six;
2. Gross misconduct in the performance of their functions ; and
3. Incompetence.

We remain hopeful that the widespread and credible allegations against them will trigger their conscience and opt for the honourable: an immediate exit from the commission. On our part, the next stop is animating Article 261(2) of the Constitution, the National Assembly.

We have now presented the charge sheets against the Seven (7) and urge the public to animate Article 1(2) of the Constitution and effect citizen arrest of any of the Commissioners above and present them to the nearest police station. We act because we must, for the gamekeepers have turned poachers.

Singed by

• Kenya Human Rights Commission.
• Hakijamii
• Pamoja Trust.
• Kenya Land Alliance.

The reflective observer must be wondering what became of the NLC. Allegations of corruption, toxic internal factions and outright incompetence amongst commissioners have become commonplace words variously mentioned in the same sentence as the Commission. Without due regard for plausibility, probability and believability, the Commission has energetically taken the slipshod road towards ignominy and opprobrium. As it does this, the shambolic internal dysfunction within the Commission and struggles with the Ministry of Lands has projected itself to the public glare.

The LAND SECTOR NON STATE ACTORS (LSNSA), a coalition of civil society organisations working in the land sector is concerned at the continued breach of mandate and constitutional abuse by the National Land Commission due to dubious corruption deals, which is a departure from it’s core mandate. The Commissions’ performance despite the unwavering support and belief from the general public has continued to fall short by all standards. These public officers and a section of staff members have continued to breach their mandate and caused a mockery of the very constitution that breathes life to their existence as an institution.

At this point in time, hard questions must be asked. As the term of the first set of Commissioners is drawing to a close, we must ask ourselves whether the Commission has delivered. Whether the Commission has satisfied the objects and ideals for which it was established in the Constitution. Whether the Commission has contributed to the land reform agenda in the way it was expected at its inception.

Reflecting on its short history, there have been several instances of unconscionable integrity lapses and rudderless forays into hideous enterprises. These instances demand a concerted collective response.

The most active stakeholders in the reformist path somehow withdrew somewhere along the way, for one reason or another.

We are ably reminded that all land belongs to the people of Kenya collectively as a nation, as communities and as individuals. Even more importantly, owing to our sordid history with the management of public land, it was thought important that the functions be entrusted in the hands of a constitutionally anchored independent commission.

The people of Kenya wanted a break with the past in relation to how public land was managed and administered. It was hoped that in the new dispensation and with a disciplined institution as the mantelpiece for reform, notions of fairness, impartiality and independence would henceforth constitute the mantelpiece for undoing the mess that management and administration of public land had become. As well, it was hoped that the NLC would set the highest standards in securing the observance of democratic values and principles.

This was a new order. An order in which the public’s desire of, and the need to foster, the  realization of the national value and principles enshrined in Article 10 of the Constitution of Kenya, and more particularly good governance, accountability and equity would  rule.

As is now clear, the Commission has fallen prey to their high-mindedness and idealism, with the result that the public now is extremely disillusioned.

Despite the assurance of normalcy by the members of the Commission, we know that all is not well. The Commission is sinking, and with it, the hopes of Kenyans. The feel-good moment is over. The current turn of events is likely to be very problematic for the Commission. The public is likely to have difficulty seeing sincerity in the members there. Its positive image and confidence it had with the public has since been grossly undermined.

So where does this bring us?  The crisis is unfolding like a Greek tragedy, but there seems to be no denouement. There is therefore no better time for the need, desire, hunger and will for the civil society to take back the leadership of the land reform efforts. We must recalibrate. We must look back as a nation, retrace our steps and find out where we went wrong and got us here. We must find our True North, of the land reform agenda.

This journey must start with the reconstitution of the National Land Constitution. Owing to the enormity of the responsibilities that the Commission has had in its inaugural term, and given the fact that so much is still expected of it, an immediate exit is certainly the best way out of the current morass.

Further, the sensitivity of matters falling within the docket of the Commission provides a rational basis for an early-dignified exit of the Commissioners. The Commission must be immediately reconstituted. We have undertaken to do the following:

1. WE shall institute a public inquiry into the integrity of each commissioner who does not resign voluntarily in 30 days
2. WE have recently received request from community groups and individuals who have details against several commissioners and with intention to petition parliament for the removal of these commissioners of NLC. We shall support this petition when it gets to be instituted.
3. We DEMAND the immediate release and disclosure of all public inquiry reports done by NLC from 2013 and for the public to be apprised on action taken this far

Further, we call upon the EACC and DCI to:

1. Audit all undertakings of the NLC since it’s inception in 2013
2. Investigate land dealings and all lease renewals including those of Mombasa Cement, Kakuzi Limited, the National Housing Corporation allocation in Embakasi and Mwamdudu primary school on Dongo Kundu Bypass
3. Undertake a lifestyle and performance audit on all the other NLC Commissioners and departmental heads.
4. We call upon increased transparency and accountability especially within constitutional commissions and especially the National Land Commission.

We ask Kenyans not to lose faith in our institutions just because a few unpatriotic individuals want to plunge and distort the spirit behind the establishment of certain Commissions’.

Finally, it is important that in the current debate about the nature of democracy and the constitutional order, democratization of control over natural resources and land has certainly been very central. The failure and lack of integrity of the commissioners at the National Land Commission must not be seen to take this right away from the citizenry given the centrality and sensitivity of land issues in this country.

Signed by:

• Kenya Land Alliance
• Kenya Human Rights Commission
• Pamoja Trust
• HAKIJAMII
• RECONCILE
• Kituo Cha Sheria
• Coast Land Non State Actors

This is a multi-sectoral media statement where we the undersigned human rights groups, artists, members of The Law Society of Kenya and other citizens of good will, while deeply concerned about the deteriorating human rights situation in Uganda wish to address you as follows.

In the past weeks, the world has been treated to egregious acts of Human rights violations in the Arua region of northern Uganda following a clash between the ruling party and opposition supporters, during Arua Municipality by-election campaigns. In the clashes one of the presidential vehicles was also reported to have been damaged as crowds pelted stones on the motorcade. H.E Yoweri Museveni President of Uganda was also in Arua to campaign for a candidate for the ruling party.

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Dear President Buhari,

We the undersigned commend the African Union for declaring 2018 as the year of “Winning the Fight Against Corruption” and recognizing that this is indeed “A Sustainable Path to Africa’s Transformation.” We believe that this is a clear indication of the commitment towards realization of the Africa We Want - An Africa whose development is people-driven and an Africa where good governance, democracy, respect for human rights, justice and the rule of law thrives.

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In response to the Call for Inputs issued by the Office of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, this submission outlines the human rights situation of members of the transgender and intersex community in the Republic of Kenya (Kenya). In particular, this submission discusses the following underpinnings: legal recognition of gender identity, and iv) destigmatization linked with depathologisation. This submission includes information on the current human rights situation in Kenya and key laws and policies as well as best practice recommendations in relation to the abovementioned underpinnings.

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Today, INCLO releases a new report Unanswered Questions - International Intelligence Sharing, summing up the responses to our Freedom of Information requests.

INCLO’s attempt to shed more light on a practice largely shielded from accountability was met with inconclusive results. The records requests are ongoing, but agencies have tended to delay, reject, or not respond at all. The lack of clarity raises concerns about violations that could interfere with people’s rights to privacy, access to information, freedom of expression and freedom of association.

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The 2017 Corruption Perceptions Index (CPI) indicates that Kenya scored a paltry 28 points out of the possible 100, an equivalent of a D minus. The CPI ranking is determined by a measure of the overall extent of corruption (frequency and/or size of bribes) in the public and political sectors of a country. The CPI uses a scale of zero (highly corrupt) to 100 (very clean).

The 2015/2016 audit report released by the Auditor General in March 2018 is shocking and exposes consummate levels of repugnant plunder of public Coffers. The report reveals that out of the total expenditure of KSh. 1.25 trillion, only KSh.43.4 billion (3.45%) was incurred lawfully and in an effective way, while the rest was either not lawfully or effectively incurred or the same could not be ascertained. In terms of revenue collection during the same period, the report reveals that out of the total revenue recorded of KSh.1.19 trillion, only revenue amounting to KShs.33 billion (2.77%) was collected and fairly recorded while the rest was either not fairly collected and recorded or the same could not be ascertained by the Auditor General.

This month alone, we have been treated to numerous media exposes of abominable looting of the public purse through which shameless racketeers have amassed billions of shillings unabated. This includes the theft of: whopping 9 billion shillings from the National Youth Service (NYS), 1.9 billion shillings from the National Cereals and Produce Board, 647 million shillings from the Kenya Pipeline Company, 2 billion shillings through the National Tree Planting Programme targeting primary schools and 10 million shillings from the Youth Enterprise Development Fund (YEDF).

This latest resurgence of theft comes in the wake of the launch of the Building Bridges initiative by His Excellency President Uhuru Kenya and Right Honourable Raila Amollo Odinga. It is worth noting that corruption, which is one of the key priority areas of intervention for this initiative, is described by it as an “existential threat to our Kenya”. That notwithstanding and as alarming as this characterisation of corruption is, there is not much to write home about with regard to concrete plans by the Building Bridges initiative to address this matter. This, together with the lacklustre response of the executive on the various scams, has furthered furore among the citizenry and reduced their faith in this initiative.

What is apparent to us in these and other numerous public scandals that remain unresolved to date is the entrenchment of the deep state. The alleged fight against corruption will remain a mirage until a time it is described for what it is, namely, abuse of entrusted power and theft of public resources to advance narrow personal interests.  It is clear that the executive, legislature and judiciary have miserably failed to take drastic and decisive measures to unmask and punish these merchants who occupy the highest point of the food chain and fuel the corruption racket.

We thus have lost faith in the ability of the government to reprimand thieves. We no longer believe the Kenyan State is committed to genuine punishment of those that steal from ordinary Kenyans. Mr. President it is no longer enough to threaten and promise action, you need to act and lead by example. You need to earn our trust or you too should to resign.

WE THE CITIZENS OF THIS COUNTRY DEMAND THE FOLLOWING:

1. HEADS MUST ROLL as we escalate political responsibility to the top. We demand resignations of all heads of Ministries who have allegedly been accused of theft, abuse of office or incompetence resulting in the misappropriation, loss and waste of public funds. All Cabinet Secretaries whose ministries are being investigated for different scams need to immediately resign whether or not they have been charged. It is no longer enough to arrest the Permanent Secretaries (PS), directors, managers and accountants.
2. Mr.  President, STOP REWARDING THEFT, attempted theft, incompetence and abuse of office. We demand resignations from all public officers reshuffled after theft, abuse of office and misappropriation allegations from 2013 to date. We need top level responsibility.
3. We want ALL THE MONEY BACK. Prosecutions of people who stole millions when tens and hundreds of millions of shillings were stolen or misappropriated is NOT ENOUGH. The banks MUST disclose the ultimate beneficiaries of the funds and support the relevant agencies in the recovery assets so acquired.
4. We demand that banks which facilitated these scandals be investigated and punitive actions taken against the institutions and individuals found culpable. We also demand that Central Bank of Kenya expeditiously freezes the accounts of the culprits involved.
5. We demand the immediate cessation of all public officials and their families conducting business with GOK for this creates endless conflict of interests that perpetuates public theft.
6. The government must immediately undertake a forensic audit of the integrity and efficacy of IFMIS in facilitating sound public finance management and the ownership and conduct of the companies involved in managing the system.
7. All public officials need to make their wealth declarations and assets of their immediate family PUBLIC. They must also declare all shareholding held directly and/or indirectly, (that is in affiliated, family owned or controlled companies). That includes you Mr. President.
8. STOP RECYCLING THE SAME PEOPLE IN PUBLIC APPOINTMENTS for it’s the small and privileged clique that monopolises and controls state resources without due regard to public interest  and ends up facilitating corruption. We especially reject appointments of retirees and the systematic exclusion of youth and women professionals and demand appointment of people of integrity. GOVERNMENT HAS BECOME THE EMPLOYER OF CHOICE FOR THIEVES AND CRIMINALS.

We challenge public servants, bank employees and the general public who have information relating to any theft of public funds and others resources to come forward and report to the relevant authorities. We also call up the public to continue protesting against this endless greed and theft of their resources and demand for accountability in all the governance processes.

STATEMENT BY CONCERNED CITIZENS OF KENYA

A CASE OF OUTMOST NEGLIGENCE AND UNTAMED IMPUNITY

(A STATEMENT AND PRELIMINARY REPORT BY THE KENYA HUMAN RIGHTS COMMISSION; FREEDOM OF INFORMATION NETWORK AND MID-RIFT HUMAN RIGHTS NETWORK).

1. BACKGROUND

On 9^th May 2018, an illegally and irregularly constructed man-made dam within the vast Patel Coffee Estates located in Solai, Nakuru, broke its banks at around 7.15 p.m, gushing out 190 million litres of water through settlements, leaving in its wake; gruesome deaths; horrible injuries(physical, mental and emotional); massive destruction of property and unprecedented displacement of people.

Official reports indicate that 47 people lost their lives. Most of those who were swept away by the raging waters were women, children and elderly persons. Public amenities were also not spared as Solai Nyakinywa Primary and a Private Medical Dispensary were also heavily affected. The students schooling at Jamhuri Primary School, Solai Nyakinywa Primary, Akuiris and Ruiru Secondary School could not go to schools since they were closed temporarily.

Questions still linger as to what exactly caused the bursting of the dam? Residents of affected villages: Endao, Energy, Nyakinyua, Milmet and Arutani  in Solai division believe that the bursting was brought about by excess water from three rivers that were blocked by the Patels and directed to the ill-fated dam. In what turned out to be one of the worst human-made disasters and the most glaring cases of corporate impunity and state negligence, the Patels owned and managed nearly 8 private dams without the requisite permits and accountability to the public.

Ironically, this disaster happened at the time, when another dam by the Finlays in Naivasha had its water overflowing into the Shah Karuturi flower farm, and in the process, causing minor damages to the company and its residents. Incidentally, and over the same period, Masinga dam, Kenya’s largest hydropower dam, overflowed after its reached its full capacity thus exposing the people of the downstream Garissa and Tana River counties to grave dangers.

It is  against this background that from 17^th May 2018, the Kenya Human Rights Commission(KHRC), Freedom of Information Network (FOI Network) and Mid-Rift Human Rights Network(MR-HURINET) dispatched a joint fact mission in the villages and localities that were most affected by the Solai Dam tragedy.

The purpose of the mission was to investigate and document the causes and impact, responses and preparedness and recommend the necessary actions with regards to the Solai Dam tragedy. The mission involved the review of the necessary literature and interviews with the key informants (government officials, civil society, development agencies, media personalities, victims and the citizenry in general. Below are the key findings and recommendations.

1. KEY FINDINGS:

1. Corporate impunity by Patel and gross negligence by state officers and authorities

This reveals blatant lack of compliance by Patel Coffee Limited and negligence by officials of the National Environmental Management Authority (NEMA) and Water Resources Management Authority (WARMA). For its NEMA and WARMA officials who are responsible for overseeing environmental and water resource management. To that extent, the tragedy was more of human made disaster. This is as evidenced by the following operational and policy flaws:

1. Early warning signs ignored

Worryingly, complaints about visible cracks on the dam had been made by the communities severally but fell on deaf ears. Members of the community had raised concerns about the dam which they say started leaking in 2016, through parents meetings and chief’s barazas and nothing had been done.

In 2012, a similar ordeal was experienced in the area when another leaking dam just adjacent to the one in question had a dangerous overflow. Luckily, there was another aquarium downhill that accommodated the over for some time before it could reach residents downstream. This saw water with fish overflow to the Energy village creating a harvest to the residents that time.

However, questions arise as to where NEMA and WARMA were since that time. It is indeed unsettling that this incident did not lead into any action by authorities to assess the viability and worthiness of the dams in that area.

1. Operating without licenses

Information from NEMA reveals that none of the dams at the Patel Coffee Estates were licensed. In fact, NEMA claimed to have been unaware of the existence of the dams until the tragedy struck. Further, although the dams have been in existence for more than 15 years, NEMA had not conducted any environmental impact assessment (EIA) and neither had audits of the dams been done. However, the company had as recently as last year conducted self-environmental audits under Kensalt Plantations Limited and submitted the report to NEMA.

In its reactionary statement after the tragedy struck, WARMA publicly declared the water sources in Patel Coffee Estate unlicensed; and therefore illegal. The fact that the company withheld crucial information from NEMA by declaring only the broad categories of its water sources as opposed to a full disclosure on the actual number of dams and boreholes in place must have been a desperate attempt to beat the system.

1. Illegal diversion of rivers within the full knowledge of state offices

It has been common knowledge over the years that Patel Coffee Estates has diverted water from several rivers and streams in that area so as to fill their dams for commercial water usage. Community members had on several occasions complained to authorities about the diversion of rivers which caused acute water shortage in the area.

The area Member of Parliament is also said to have received complaints on the diversion of the rivers but did not take any action on this. This sequence of events reveals the levels of brazen impunity by companies such as the Patel Coffee Estates, which has for many years had the daring audacity to construct and maintain dams without adherence to relevant laws.

1. Evacuation and Response- Disaster Management & Response

We take note of the prompt and a well-coordinated inter-agency rescue and responses which were realized thanks to the diverse mandates of the relevant state offices and non-state actors, involved. Thus the Kenya Red Cross(KRC) and National  Disaster Unit(NDU), in concert  with the  local administration, political leaders, security organs( National Police Service and Kenya Defence Forces),  County Government of Nakuru and members of public strived to rescue, identify and support victims.

Generally, victims and their support fell within the following general categories:

1. Those who died. These have since been buried, save for a case of the contested child, whose matter is pending court decision.
2. Those who got injured, whether physically, emotionally and mentally. These have received and are still expected to continue getting the requisite medical  and psycho- social support;
3. Tenants who lived in the area and had their shelter curtailed. Most of these ended up camping at the Solai  High School.
4. Land Lords who either rented or occupied their houses, which were partially or completely destroyed;  most of these integrated into the neighbourhoods
5. Business people, whether tenants or land lords, who lost their investments in the process; still waiting for support.
6. Land owners, especially in Nyakinyua farm whose produce and soil were completely washed away.  These are yet to be assisted.
7. The special cases that went with the necessary support to women, children (for instance sanitary pads, food etc.), Persons with Disabilities and those living with HIV / AIDS.
8. People who in whatever categories, who lost their valuables, certificates, official documents etc. It was intriguing to learn that some victims lost valuables through vandalism by locals.

And despite the positive response and support, the following administrative gaps were noted:

1. Land owners (in plots and farms) and other integrated victims complained that they were yet to get the necessary material supports, like mattresses, blankets etc.
2. Allegations of looting or diversion of the supplies and other kinds of materials meant for the affected victims.
3. Claims of non-victims from the neighbouring communities like Kamukunji being added in the list for support and other benefits.
4. Accusations that some of the land lords were earmarked to/ had received Ksh. 30,000 as opposed to the agreed Ksh. 100,000.
5. Clear duplication of roles or challenges in the coordination for most of the stakeholder met on the ground to help in their own ways.

1. Midterm to Long-term Solutions

We also take cognizance of the other efforts that are meant to address the medium and in the process the long term needs and issues:

1. The Kenya Defense Forces draining out the affected and another dam by Patel limited so forestall in further risk to the locals.
2. The initial assessments by the agricultural ministry on the extent of damages suffered on crops and land within the affected farms.
3. The efforts by the county government to assess with a view to fixing new beacons of the plots affected in the shopping centre.
4. The initiative by Kenya Power to restore the electricity posts and lines which were destroyed for reconnection of power to be considered.
5. The efforts by the Huduma Centre to identify and support who lost crucial personal documents, such as the national identity cards.
6. The Director of Public Prosecutions’ directive for the Inspector General of Police to investigate the causes and establish possible culpabilities, and submit a report in two weeks.

1. RECOMMENDATIONS

Had we been equally responsive in addressing the questions of negligence and compliance raised above, we would have pre-empted all the disastrous losses and harms witnessed in this very unfortunate but preventable unfortunate tragedy.

It is against the above issues and interventions that we wish to make the following recommendations:

1. Continuous and accountable humanitarian support

There is a need for continuous support (food, clothes, medical, psycho-social etc) to the affected and other needy cases within the locality. An affirmative action approach may be considered to secure the necessary supplies for men with special needs, for some lost their personal wares which were not part of the provisions availed.

Given the lots of remaining humanitarian stuff, there is a need to engage the county government of Nakuru and other local stakeholders for recommendations on how such resources can be optimized beyond this incident and locality. More important, the KRC and NDU and other agencies involved in the coordination of interventions should present a detailed report on how all the humanitarian resources were dispensed. For accountability is key in every public enterprise.

1. Reconstruction: We call on the National and county governments and Patel Coffee limited to support the communities in re-constructing the damaged infrastructure:
2. Boreholes: There is need to rehabilitate existing boreholes in the area to serve various villages with water
3. Infrastructure: Need to rebuild destroyed infrastructure such as bridges, roads, schools, dispensaries that were affected
4. Land reclamation and ownership: Mechanisms for the necessary state agencies to reclaim farms that were massively eroded and thus rendered unproductive. The Nyakinyua farmers should be provided with title tittle deeds.
5. Houses: Mainly for the land lords/ owners in question. There should be an option of relocating those feeling unsafe and uncomfortable with resettling in the area.

Victims recommended that we should not consider repairing houses on site for their foundations were badly shaken and weakened.

1. Compensation and rehabilitation

First, the Kenya Red Cross should undertake an immediate and transparent disbursement of the all immediate financial assistance earmarked to the following specific categories of victims:

1. Tenants who lived in semi-permanent houses, made to receive a one off payment of  Ksh. 30,000;
2. Tenants living in semi-permanent houses, to get a one off payment of Ksh. 50,000
3. Land lords with permanent structures will receive a one off payment of Ksh. 100,000.

Moreover, the inter-agency committee should carry out a comprehensive assessment of the extents of major harms and damages suffered and consider other forms of remedies to victims.  Patel Coffee Limited should provide some resources for these reparatory programmes.

Finally, there should be a process of replacing the beacons for the affected plots, power reconnection to the necessary residents and replacement of all lost identification documents. This may also entail engaging the Kenya National Examination Council (KNEC) and other institutions to explore ways of re-issuing certificates to victims who lost theirs.

1. Investigation and possible culpability

Further investigate Patel Coffee Limited, NEMA, WARMA for possible culpability; the alleged corruption in profiling and supporting victims; and culprits who vandalized victims properties.  The investigative process should independent, overboard and involving all the key stakeholders. The final report should be made and fully implemented with immediate effect.

1. Assessment of other dams

We call for a speedy environmental and human rights impact assessment of the state of all other dams in the area, and for necessary action to be undertaken on these dams in accordance with the Engineers’ reports. The same should be undertaken to other dams in the country that fall within public and private spheres with a view to decommissioning the undesirable ones located upstream.

1. Policy Actions

First, we need to review and harmonize the laws and mandates of the disparate state institutions mandated to manage disasters, water, environment and other resources.  Such would enhance coordination and reduce duplication of roles regarding disaster management. It would also facilitate systematic programming on disaster programming in line with the Sendai frameworks which would be pivotal in mitigating disasters especially those arising from systemic lapses in adherence to set rules of law and procedure.

The law would allow for the formation of a national board and county boards in each county. Perhaps, this tragedy should offer the momentum for the development and adoption of a national policy on business and human rights.  Finally, we should continually monitor and hold to account the different state and non-state institutions along the established laws and policies.