The Kenya Human Rights Commission has warned that the expected El Niño rains could worsen Kenya’s human rights situation, particularly for vulnerable communities and people living in informal settlements.
In a statement on Monday, KHRC demanded that the government put human rights at the centre of preparations and interventions for the El Niño rains expected between late September and December this year.
The Commission said disaster response should combine humanitarian assistance with measures to protect human rights, citing Article 19(1) of the Constitution.
“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,” the Commission said.
KHRC said its concerns are informed by the impact of previous flooding across the country. According to Human Rights Watch, severe flooding in Kenya killed at least 170 people and displaced more than 200,000 others, while destroying property, infrastructure and livelihoods.
The Commission said the expected El Niño rains are likely to bring above-average rainfall, with about 80 per cent of the country at risk of severe flooding and all 47 counties potentially affected.
The highest-intensity rainfall is expected in Central Kenya, the Rift Valley, the Lake Victoria Basin and Western Kenya.
KHRC warned that flooding could have wider effects on vulnerable communities, including disruptions to education, healthcare, sanitation and access to clean water.
“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,” it said.
The survey also recorded 34 cases of cholera along the Tana River and damage to more than 20,000 toilets. KHRC said the overall student population in the surveyed schools fell by nine per cent, with female students and learners with special needs disproportionately affected.
The Commission is demanding that evacuation, relocation and relief measures do not result in human rights violations, particularly against people living in low-income neighbourhoods.
Additionally, the agency cited the government’s response to the 2024 floods, when 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.
It also raised concerns over demolitions in Mukuru Kwa Reuben and Kiamaiko, saying bulldozers moved into the settlements before a 24-hour government deadline had elapsed and without sufficient notice or consultation, leaving thousands homeless.
The Commission is also calling for greater scrutiny of emergency spending. KHRC said Kenya has secured about 51.8 billion shillings from the World Bank’s Rapid Response Option to prepare for the rains.
It warned that emergency conditions should not be used to bypass procurement laws and public oversight, citing the COVID-19 response, when the Auditor General reported 2.3 billion shillings in irregular procurement of medical supplies at KEMSA.
KHRC wants the government to establish clear evacuation and relocation plans, protect human rights defenders and community organisations, and maintain access to healthcare, clean water, sanitation and education.
It is also calling for humanitarian assistance to be provided equitably and for the government to publish accessible information on financing, procurement and expenditure linked to the response.
KHRC said it is establishing a human rights monitoring and response centre and urged the public to report any violations linked to the government’s response through 0722264497 or 0733629034.