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Three CSs sued by rights lobby over 'laxity' in flood disaster response

President William Ruto during a visit Kiamaiko area in Mathare to assess the floods situation in, Nairobi on May 6, 2024. (Photo: PCS)

By Barack Oduor | Friday, May 17, 2024

The KHRC specifically criticises Kindiki for issuing a directive to evacuate all persons residing within the 30-meter riparian corridor of rivers and other watercourses within 24 hours, describing the order as unrealistic and inhumane.

A human rights lobby group has initiated a lawsuit against three top government officials and several state agencies over the deaths, displacement, and destruction caused by recent floods across the country.

The Kenya Human Rights Commission (KHRC) filed an urgent application in court on Thursday, seeking to hold cabinet secretaries Kithure Kindiki (Interior and Coordination of National Government), Soipan Tuya (Environment, Climate Change and Forestry), and Alice Wahome (Lands, Public Works and Housing) accountable for their alleged negligence during the flooding crisis.

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The lawsuit also targets the Water Resources Authority, National Environment Management Authority, National Disaster Management Authority, and Kenya Railways. Additionally, Attorney General Justine Muturi and the Council of Governors, led by Anne Waiguru, have been named in the suit.

In court documents obtained by The Eastleigh Voice, lawyers Kelly Malenya and Haggai Chimei accuse the officials and agencies of gross negligence and failing to fulfil their duties.

"That despite the extensive adverse effects, the Respondents through acts, usually knee-jerk reactions, and omissions have been indolent in their constitutional and statutory duties which has led to extensive and gross violation of human rights and fundamental freedoms," read the court papers.

The KHRC specifically criticises Kindiki for issuing a directive to evacuate all persons residing within the 30-meter riparian corridor of rivers and other watercourses within 24 hours, describing the order as unrealistic and inhumane.

"That whilst the directive is meant to safeguard the lives and property of the residents thereon, the directive was abrupt and has now resulted in the demolition of houses, destruction of property and loss of lives in Mukuru kwa Njenga and Kwa Ruben slums with no alternative dwelling places for the people nor adequate compensation for the said displacement," claimed the petitioners.

The organisation that is led by Davies Malombe has asked the court to immediately direct the government to provide humanitarian assistance, like alternative accommodation, food and social amenities to those who have been affected in the slums.

They are also calling for similar assistance to those affected by flooding in Mai Mahiu in Naivasha.

The lobby in their request to court also wants the President William Ruto-led government to be ordered to share reports on the state of all dams in the country in context to their permits, last dates of their inspection and safety status.

The human rights group also wants the Anne Waiguru-led Council of Governors to furnish them with all integrated plans of all devolved units, reports on disaster preparedness and response, and reports on how the same has been or is being implemented.

They have also said in their suit that the Sh10,000 to help in the resettlement of the flood victims is so insignificant and not enough for the purpose.