Lawmaker sues state over floods along Tana

Farmers in Garissa may finally get relief after ODM-nominated MP Umulkheir Harun filed a lawsuit at the High Court in Garissa over constant floods that have swept away crops and devastated livelihoods.

The MP has listed the Energy and Petroleum Cabinet Secretary, the Energy Principal Secretary, Kenya Electricity Generating Company, Water Resource Authority and the Attorney General.

The lawmaker said that, as a representative of the people, she took the step of going to court to defend and fight for the rights of people after floods from dams upstream caused untold suffering, including loss of life.

"Year in, year out, farmers and entire communities have suffered immense losses of money, property, livestock and livelihoods due to the constant release of excess water from the overflow of Masinga Dam," Umulkheir says in her court papers.

The MP claimed the responsible ministry often gives only three to four days’ notice for people to move to higher ground, which is impossible.

"How do you expect a farmer to harvest produce within 72 hours? How do you expect families to move their entire homes, businesses and belongings in such a short period of time?"

Umulkheir, who is vying for the Garissa woman representative seat, said poor planning at the ministry should not and cannot be an inconvenience to hardworking Kenyans in Garissa and Tana River counties.

ODM-nominated MP Umulkheir Harun interacts with farmers at a recent function /STEPHEN ASTARIKO

She said she has raised the matter in Parliament several times, and has now decided to seek a remedy and compensation for the affected families and get a permanent solution to end the suffering

"I therefore request anyone who wishes to be enjoined in this case to contact my office or the legal team," she added, sharing her contacts on social media platforms.

Anytime there is rain upstream, the dams are overfilled, forcing authorities to release water downstream to the Tana River, which eventually drains into the Indian Ocean.

However, this has caused devastation to people living along the river, with hundreds displaced and others losing their livelihoods.

Umulkheir said that for the last two years, she has been gathering facts, including data, on those affected by floods in Garissa and Tana River counties.

The High Court has ordered that the application be served upon all respondents.

The matter is coming up for mention on Thursday  (tomorrow for the paper) for further direction.

Two weeks ago, Garissa Governor Nathif Jama warned that the planned release of excess water from Masinga Dam will cause serious flooding downstream if mitigation measures were not put in place.

The governor said that time and again, the national government appears to be proceeding with the water release without a clear plan to protect downstream communities, many of whom are still recovering from the effects of previous spillages.

Garissa county, especially parts of Balambala and Fafi subcounties, has long borne the brunt of dam spillages, with the Tana River frequently bursting its banks during periods of heavy rainfall and water releases upstream.

The impact has been particularly severe on riverine communities and farmers who depend on the fertile floodplains for their livelihoods.

In past incidents, homes have been submerged, crops destroyed and livestock swept away, leaving families displaced and dependent on relief aid.

Entire villages, including neighbouring Mororo, have experienced repeated cycles of loss, with some residents yet to rebuild from previous floods.