KHRC has filed a lawsuit against multiple government figures and entities for negligence during the recent floods that ravaged homes, displaced hundreds of thousands, and tragically claimed hundreds of lives nationwide.

They are also facing scrutiny for conducting evictions in the Mukuru Kwa Reuben and Kwa Njenga slums during floods, which caused more harm to an already vulnerable situation.

KHRC is demanding compensation for flood victims.

According to suit papers, intense heavy rainfall, which began in March 2024, struck Kenya, with the government failing to implement a timely national response plan.

This negligence persisted despite a warning from the Kenya Meteorological Department on July 30, 2023, regarding the intensification of the country’s rainy season due to the El Niño weather pattern.

In the petition filed on May 16, KHRC said the government violated citizens’ constitutional rights by failing to protect them from the devastating floods.

Cabinet Secretaries Kindiki Kithure (Interior), Soipan Tuya (Environment), and Alice Wahome (Lands) are among those sued.

Institutions targeted in the legal action include the Water Resources Authority, the National Environment Management Authority, the Council of Governors, the National Disaster Management Authority, and Kenya Railways.

The Attorney-General, Justine Muturi, is also implicated in the case.

KHRC requested the court to prioritize the case, and a ruling is pending.

KHRC urged the court to compel the government to provide humanitarian assistance, including alternative accommodation, food, and social amenities, to people affected by floods before the case is heard and determined.

A house in Bunyala South, Busia County, affected by flooding from the nearby Lake Victoria and Yala swamp on May 11, 2024. Photo: Cy Muganda.

Interior CS Kindiki's announcement about the precarious state of 178 dams and reservoirs prompted KHRC to seek a court order compelling the Water Resource Authority to submit a detailed report on all dams and water extractions. This report should include permit information, last inspection dates, and safety statuses, KHRC said.

Additionally, KHRC sought an order against county governments, demanding the submission and scrutiny of their disaster preparedness plans and implementation reports.

Read the petition here.

  • Ernest Cornel

    Ernest Cornel is a seasoned journalist and strategic communications specialist with a rich background in the newsroom. Cornel is also a documentary producer. He has worked with human rights organizations and contributed his expertise to a grant-making institution. He has designed and led successful campaigns and implemented digital strategies to halt human rights abuses.

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