The Kenya Human Rights Commission is demanding that the William Ruto regime put human rights at the centre of preparations and interventions for the El Niño rains expected between late September and December this year. This is based on the obligation in Article 19(1), which states that human rights are “the framework for social, economic and cultural policies”. This means disaster-related responses demand a combination of rights and humanitarian approaches.
Strong El Niño conditions, combined with a positive Indian Ocean Dipole, are expected to bring above-average rainfall to Kenya. About 80 per cent of the country is at risk of severe flooding, with all 47 counties potentially affected. The highest-intensity rainfall is expected in Central Kenya, the Rift Valley, the Lake Victoria basin and Western Kenya.
Our demand to the regime comes after the country experienced severe flooding in 2024. According to Human Rights Watch, by May 2 that year, floods had killed at least 170 people and displaced more than 200,000, while destroying property, infrastructure and livelihoods across the country.
The effects of flooding extend beyond deaths and damage to properties, particularly for vulnerable communities in informal areas. A 2024 survey by KHRC and the Elimu Bora Working Group found that more than 62 primary schools were submerged, putting 15,000 students at risk of missing school. The survey also recorded 34 cases of cholera along the Tana River and damage to more than 20,000 toilets. The overall student population in surveyed schools fell by 9 per cent, with female students and learners with special needs disproportionately affected.
We demand that the regime ensure that evacuation, relocation and relief measures don't result in human rights violations, and, especially, don't disproportionately affect people from low-income neighbourhoods, as it happened during the response to the 2024 floods. That year, police raided the Mathare Social Justice Centre and Ghetto Foundation offices in Nairobi and arrested 27 human rights defenders who were protesting the eviction of residents affected by the floods.
There were also demolitions in Mukuru Kwa Reuben and Kiamaiko in Nairobi, where bulldozers moved into the settlements before a 24-hour government deadline had elapsed and without sufficient notice or consultation, leaving thousands homeless. The response raised concerns about the unequal treatment of vulnerable communities compared with more affluent areas affected by flooding.
Further, KHRC demands greater scrutiny of emergency spending. Kenya has secured about Sh51.8 billion from the World Bank's Rapid Response Option to prepare for the rains. This comes as public debt stands at about Sh12.05 trillion, or 67.3 per cent of GDP. We warn that emergency conditions should not be used to bypass procurement laws and public oversight, as happened during the COVID-19 response, when the Auditor General reported Sh2.3 billion in irregular procurement of medical supplies at KEMSA.
As such, the Ruto regime must adopt a rights-based approach to prevention, protection and response to the above, by:
- Ensuring that there are evacuation and relocation plans, and that these measures don't result in forced or arbitrary evictions or extrajudicial killings.
- Protecting human rights defenders and community organisations monitoring the flood response.
- Maintaining access to health care, clean water, sanitation and education.
- Ensuring that humanitarian support to the affected communities is provided in an accountable and equitable manner.
- Publishing, in an accessible and relatable manner, all the information on the financing, procurement, and expenditure linked to the El Niño rains.
- Ensuring that the marginalized, including youth, women, and persons with disability, who are often affected by the brute state response to crisis, are protected.
- Reporting on the progress of previous interventions, including the response to the 2024 floods, when the regime pledged to compensate victims.
KHRC is establishing a human rights monitoring and response centre to address emerging governance issues arising from state and non-state actions in this situation. We urge the public to report any human rights violations in relation to the regime's response to us via 0722264497 or 0733629034.
