KHRC warns El Nino response could deepen human rights violations

Vehicles remain partially submerged in floodwaters after heavy rainfall caused severe water accumulation on streets in Nairobi, Kenya, on March 06, 2026.[AFP]

The Kenya Human Rights Commission (KHRC) has warned the government against repeating human rights violations witnessed during the 2024 floods as the country braces for heavy El Nino rains.

KHR wants the government to put human rights at the centre of preparations, evacuations and relief operations, warning that emergency interventions could disproportionately affect people living in informal settlements and other vulnerable communities.

 The commission said about 80 per cent of the country is at risk of severe flooding, with all 47 counties expected to be severely affected.

The warning comes after the devastating floods of 2024, which killed at least 170 people and displaced more than 200,000 by May 2, according to Human Rights Watch, while destroying property, infrastructure and livelihoods across the country.

Predictions show that the highest-intensity rainfall is expected in Northern Kenya, Central Kenya, the Rift Valley, the Lake Victoria basin and Western Kenya.

“The effects of flooding extend beyond deaths and damage to properties, particularly for vulnerable communities in informal areas,” said KHRC Executive Director Davis Malombe.

A 2024 survey by KHRC and the Elimu Bora Working Group found that more than 62 primary schools had been submerged, putting about 15,000 learners 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 student population in the surveyed schools fell by nine per cent, with girls 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,” said Malombe.

The commission said some of the Government's responses during the 2024 floods raised serious human rights concerns.

A house submerged in floods at Garden Estate, Nairobi following heavy rains last night. [Nebert Saisi, Standard]

According to KHRC, 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 flood-affected residents.

The commission also cited demolitions in Mukuru Kwa Reuben and Kiamaiko, saying bulldozers moved into the settlements before a 24-hour government deadline had elapsed and without adequate notice or consultation.

The demolitions left thousands homeless and the response raised concerns about the unequal treatment of vulnerable communities compared with more affluent areas affected by flooding,” Malombe argued calling for evacuation and relocation plans that do not result in forced or arbitrary evictions or extrajudicial killings.

It also wants human rights defenders and community organisations involved in monitoring the flood response protected, while insisting that affected communities retain access to healthcare, clean water, sanitation and education.

“Ensure that the marginalized, including youth, women, and persons with disability, who are often affected by the brute state response to crisis, are protected,” he urged.

The commission has further called for humanitarian assistance to be distributed equitably and for the government to publish accessible information on financing, procurement and expenditure related to the rains.

The demands come as Kenya has secured about Sh51.8 billion from the World Bank's Rapid Response Option to prepare for the rains.

KHRC said emergency conditions should not be used to bypass procurement laws and public oversight, citing the Auditor-General's report of Sh2.3 billion in irregular procurement of medical supplies at KEMSA during the Covid-19 response.

The commission also wants the Government to report on progress made on previous interventions, including its response to the 2024 floods and pledges to compensate victims.

KHRC said it is establishing a human rights monitoring and response centre to track emerging governance and rights issues arising from actions by both State and non-State actors during the rains.