Rights groups fault State for demolishing homes amid flooding

They said the evictions contravene Constitution and UN principles on protection of IDPs.

In Summary
  • Their concerns follow the demolition of structures in Mukuru Kwa Reuben and Kiamaiko areas in Nairobi beginning Friday morning.

  • The rights group claimed this was done before the government’s deadline elapsed and without sufficient notice or proper consultation.

A KDF bulldozer demolishes structures along the Nairobi river bank in Kaimaiko area on May 3, 2024.
A KDF bulldozer demolishes structures along the Nairobi river bank in Kaimaiko area on May 3, 2024.
Image: FILE

Human rights defenders led by the Kenya Human Rights Commission have faulted the government over its move to demolish homes in riparian lands during flooding.

Their concerns follow the demolition of structures in Mukuru Kwa Reuben and Kiamaiko areas in Nairobi beginning Friday morning.

The rights groups claimed this was done before the government’s deadline elapsed and without sufficient notice or proper consultation.

The described the timing of the action as "deeply callous and barbaric".

"The rains are pounding, infrastructure is destroyed, there is no alternative shelter and schools are about to open yet students don't know how they will report back," the groups said in a statement on Sunday.

The statement was signed by the Kenya Human Rights Commission (KHRC), Mazingira Institute and Social Justice Center Working Group.

President William Ruto issued a directive on May 2 for Kenyans living in riparian areas to vacate within 48 hours or face forcefull evicition starting Friday, May 3.

This was in response to the ongoing heavy rains which have occasioned massive flooding leading to loss of lives, injuries and destruction of property and infrastructure.

The government said those affected would be provided with alternative shelter and on Saturday announced that 138 camps had been set up across eight counties. 

Affected households would be provided with food and non-food items, Interior CS Kithure Kindiki said.

The rights groups, however, faulted the government for enforcing the demolitions "specifically targeting the poor" in informal settlements. 

"Yet, more affluent neighbourhoods that flooded even more and sat on riparian land were left untouched," they said.

According to them, the ongoing evictions contravene the Constitution, the United Nations Guiding Principles on Evictions, the United Nations Guiding Principles on the Assistance and Protection of IDPs, and the latest cabinet’s decision to relocate and evacuate affected families humanely.

They want the government to identify alternative shelters for all the people at risk of being swept by the floods.

They said the evictions must not bring more harm and exposure to the people.

The rights groups also want where evictions have happened, victims should receive adequate compensation, reparation and access to housing.

They further called on Kenyans to be cautious and avoid dangerous manoeuvres that may put their lives at risk, like crossing or driving through flooded roads.

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