The Kenya National Commission on Human Rights (KNCHR) acknowledges the preparedness measures undertaken by the National and County Governments ahead of the October–December rainy season. Early warnings from the Kenya Meteorological Services Authority (KMSA) provide an important basis for timely action to mitigate anticipated risks.
However, plans alone do not demonstrate readiness. Previous floods have caused deaths, displacement, destruction of livelihoods and disruption of essential services. Preparedness must therefore be measured by the ability to prevent avoidable harm and protect those most at risk, including children, women, older persons, persons with disabilities, migrants and persons with chronic illnesses.
Operational decisions must be guided by official weather forecasts, local risk assessments and the protection need of the affected communities.
The Human Rights Imperative
Article 21(1) of the Constitution requires the State to respect, protect, promote and fulfil human rights, while Article 26(1) guarantees the right to life. These obligations require proactive measures to address foreseeable threats. Preventing avoidable deaths and providing timely emergency assistance are fundamental State obligations.
Article 43 guarantees economic and social rights, including healthcare, housing, sanitation, food, water, social security and education. Articles 21(3) and 53–57 require particular attention to vulnerable and marginalized groups.
These obligations must guide every stage of disaster preparedness and response, from early warning and evacuation to relief, recovery and resettlement.
The KNCHR therefore calls on the Government, as the primary duty bearer, to translate forecasts into actionable warnings, protect at-risk populations, maintain essential services and ensure accountability in the use of emergency resources.
Urgent Recommendations to the Government
1. Coordinate and act before harm occurs: The Ministry of Interior and National Administration, National Disaster Operations Centre, Council of Governors and County Governments should immediately activate coordinated contingency plans, clarify responsibilities and pre-position emergency supplies in high-risk areas. Safe evacuation routes, accessible shelters and response teams must be ready for deployment. Both levels of government should cooperate in accordance with Article 189 of the Constitution.
2. Make early warnings accessible and actionable: The Kenya Meteorological Services Authority (KMSA), County Governments and media organisations should disseminate timely, locally relevant warnings in accessible languages and formats, including Kenyan Sign Language. Warnings should specify risks, evacuation instructions, shelter locations and emergency contacts. Authorities should involve communities in preparedness planning and identify those facing barriers to receiving warnings or accessing assistance, consistent with Article 35(3) of the Constitution.
3. Ensure safe, dignified and inclusive evacuation and shelter: County Governments, emergency agencies, the National Police Service, Children Services and humanitarian partners should ensure safe and inclusive evacuations. Shelters must provide clean water, accessible sanitation, privacy, hygiene supplies and protection from violence, abuse and discrimination, particularly for women and girls. Essential health services must continue, and any return or resettlement must be safe, voluntary where applicable, and free from arbitrary eviction or discrimination.
4. Maintain healthcare, safe water and sanitation: The Ministry of Health, County Health Departments, KEMSA and water-service providers should ensure access to essential medicines, emergency treatment, ambulances, maternal healthcare, immunisation and chronic illness management. Authorities must also maintain safe water supplies, sanitation, waste disposal and disease surveillance to prevent public health emergencies. Article 43(2) prohibits denial of emergency medical treatment.
5. Protect children and ensure continuity of learning and national assessments: The Ministry of Education, Teachers Service Commission (TSC), Kenya National Examinations Council (KNEC), county governments and Children Services should implement school safety and learning-continuity plans, including support for learners with disabilities. With national examinations taking place during this period, contingency arrangements should ensure candidates can safely access examination centres, including alternative venues where necessary. Where schools serve as shelters, disruption to learning and examinations should be minimized. Family reunification and protection against abuse, trafficking and exploitation must be prioritized, in accordance with Article 53(2) of the Constitution.
6. Protect food security, livelihoods and the environment: National and County agricultural authorities and social-protection agencies should safeguard livelihoods, provide needs-based food assistance and support affected households. Relief must be equitable and free from discrimination. NEMA, the Water Resources Authority and County Governments should protect wetlands and water sources, maintain drainage where appropriate and enforce environmental safeguards, consistent with Articles 42 and 69 of the Constitution.
7. Ensure adequate funding, transparency and effective remedies: The National Treasury and County Governments should provide adequate resources for preparedness, response and recovery. Allocations, procurement and expenditure must be transparent and prudent, consistent with Article 201(d). Parliament, County Assemblies, the Controller of Budget and the Auditor-General should exercise their respective oversight mandates. Accessible hotlines and confidential complaints mechanisms must enable affected persons to report exclusion, abuse, discrimination and other violations and obtain appropriate remedies.
8. Strengthen partnerships and accountability for results: Humanitarian agencies, civil society, development partners, the private sector, faith-based institutions and community organisations should coordinate with government response plans and uphold human rights standards. Affected communities must participate in decisions on evacuation, shelter, relief and recovery. National and County Governments should regularly report on warning coverage, evacuation readiness, essential services, relief distribution, expenditure and complaints resolved, demonstrating measurable protection of lives and livelihoods.
Conclusion
The Commission urges the National and County Governments to move decisively from planning to implementation. Preparedness must be demonstrated through timely action, effective coordination and the protection of those most at risk.
As the October–December rainy season progresses, inclusive community participation and accountable use of public resources are essential to preventing avoidable loss of life and safeguarding the constitutional rights and dignity of everyone in Kenya.
The KNCHR will continue to monitor the human-rights impacts of flood, El Nino and other extreme weather events, receive and process complaints, and engage responsible institutions on corrective action.
The Commission calls on any person with information regarding any human rights concerns to report through: Email: haki@knchr.org; SMS: 22359; WhatsApp: 0798 849 871; and Toll-Free Line: 0800 720 627.
The Kenya National Commission on Human Rights (KNCHR) is an Independent National Human Rights Institution established under Article 59 of the Constitution of Kenya, 2010, and the Kenya National Commission on Human Rights Act, 2011. The Commission's mandate is the promotion and protection of human rights in Kenya.
Haki Kwa Wote, Kila Wakati!
Claris Ogangah, Chairperson,
Kenya National Commission on Human Rights (KNCHR).