Nairobi, Kenya – May 28, 2024, Natural Justice is pleased to announce its admission as an interested party in the “Flooding Case” filed by the Law Society of Kenya (LSK) at the High Court of Kenya, Constitutional and Human Rights Division. This case (Constitutional Petition number E010 of 2024 filed at Nakuru High Court), filed under a certificate of urgency, addresses the severe flooding crisis currently affecting various regions of Kenya.
According to the petition by LSK, the country is experiencing an alarming crisis due to unprecedented heavy rainfall. The situation is exacerbated by absence of disaster management and mitigation strategies, inadequate urban drainage systems and the vulnerability of lowland areas to both flooding and landslides. The human toll of this crisis is already significant, with numerous lives lost, families displaced, and properties destroyed.
Flooding is a perennial problem well-documented by the government and non-state actors. In recent years, erratic rainfall patterns have led to severe flooding, causing extensive property damage and loss of lives. Despite early warnings from the Meteorological Department and other organizations, the government often fails to adequately prepare, resorting instead to knee-jerk reactions once the flooding begins.
Flooding has become a common occurrence due to climate change, and in the pleadings, Natural Justice calls on the government to implement long-term solutions integrated into the country’s adaptation and mitigation strategies to combat climate change.
Key Issues and Petitions
The Flooding Case raises critical concerns about the government’s preparedness and response to flood-related disasters. The Petitioners, led by the LSK, are seeking several crucial declarations and orders from the court:
Violation of Rights: A declaration that the government’s actions and inactions constitute a violation of fundamental rights, including the right to life, access to information, property, and socio-economic rights.
Contingency Plans: An order compelling the government to develop and present comprehensive contingency plans. These plans must address prevention, surveillance, control, and disaster response systems to prevent further loss of life and mitigate the impacts of flooding.
Resettlement Plan: An order requiring the government to formulate and implement a resettlement plan for families affected by the ongoing floods, ensuring their safety and well-being.
Commitment to Justice and Environmental Protection
As an interested party, Natural Justice supports the Petition by emphasizing the government’s role in developing legislative frameworks and policies for compensating affected communities. The organization also calls for prioritizing climate finance to build resilience for marginalized groups most impacted by the floods. In the pleadings, Natural Justice has highlighted the plight of communities illegally evicted amidst desolation, destitution, and uncertainty.
Natural Justice’s involvement in this case underscores our commitment to ensuring environmental justice and protecting the rights of communities affected by climate change and natural disasters. We believe that every individual has the right to live in a safe and healthy environment, and we stand in solidarity with those affected by the flooding crisis.
The judgment for this pivotal case is scheduled for June 11, 2024.
For media inquiries, please contact:
Salome Muiruri, Natural Justice – East Africa Hub, Communications Officer
salome@naturaljustice.org
