National

LSK sues state for failure to prevent flood deaths, destruction

President William Ruto addresses the nation following heavy rains and subsequent flooding in the country, at the State House in Nairobi on May 3, 2024. (Photo: Thomas Mukoya/Reuters)

By Joseph Ndunda | Tuesday, May 7, 2024

The LSK says most of this destruction happened because the government failed to disseminate adequate information and put together a contingency plan.

The Laws Society of Kenya (LSK) has sued the government for failure to prevent death, massive property destruction, and the displacement of thousands as heavy rains pound many parts of the country.

In court papers seen by The Eastleigh Voice, the LSK says most of the destruction happened because the government failed to disseminate adequate information and put together a contingency plan on prevention, surveillance, control, and response systems.

Keep reading

It notes that the floods have rendered many public amenities, including roads, schools, and hospitals, unfit for safe use or habitation.

"A clear disaster response system would have prevented most of these calamities if the government had heeded advisories given by the meteorological department, which had given accurate and timely updates on the looming flash floods," the society says.

The LSK has sued the Interior Education, Transport, and Environment ministers, and the National Disaster Management Authority (NDMA).

Through lawyer Geoffrey Bosire, it says the ministries and the authority did not put any plans in place to avert the continued suffering of Kenyans and the loss of life and property.

The lawyers' regulator says the government had appropriate resources, including human capital, to mitigate the effects of the disaster that has left 238 dead so far.

The LSK cites the National Police Service Act, which lists the protection of life and property among the duties of police officers, and the Kenya Defence Forces Act, which mandates the military to assist and cooperate with other authorities in situations of emergency or disaster.

It also mentions the Environmental Management and Conservation Act, which provides for environmental protection and monitoring, among others.

The society wants the High Court to declare that the ministries and the authority it has sued have violated the constitution by failing to protect Kenyans from the devastation caused by the floods.

It wants the High Court in Nakuru to order the government to prepare and present to it a plan to resettle all the people displaced by the floods.

The LSK has annexed updates from the Kenya Meteorological Department in its petition to prove the government had enough time to act and prevent disasters.