Editor's Review

KHRC has sued Interior Cabinet Secretary Kithure Kindiki and two other CSs over the recent fatal flooding. 

The Kenya Human Rights Commission (KHRC) has sued Interior Cabinet Secretary Kithure Kindiki and his Environment and Lands counterparts Soipan Tuya and Alice Wahome for negligence during the recent floods that ravaged homes and displaced hundreds of thousands across the country.

In a statement on Friday, May 17, KHRC noted that it has also sued Attorney General Justin Muturi, the Water Resources Authority, the National Environment Management Authority, the Council of Governors, the National Disaster Management Authority, and Kenya Railways.

“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,” read the statement in part.

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

File image of floods in Mahi Mahiu. 

The commission 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.

“That pending the hearing and determination of this application and Petition this Court to issue an interim order for the 1st Respondent 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,” the petition read.

KHRC also asked the court to issue an interim order compelling the Water Resource Authority to submit a detailed report on all dams and water extractions.

Further, the commission sought an order compelling county governments to present for scrutiny, the coun development plans, especially on disaster preparedness, and a report on how the same has been or is being implemented.