The Kenya National Commission on Human Rights (KNCHR) is concerned by reports that approximately 40,000 people have sought refuge in Moyale after fleeing unrest in Ethiopia. More than 15,000 are reportedly accommodated in eight temporary shelters, while over 20,000 are staying with relatives and friends. Reported shelter locations include St. Mary’s Catholic Church, Harhosha Secondary School, Manyatta Burji, Sessi and Lanzi Mosque Hospital, among other sites.
The influx is placing significant pressure on host communities and available resources, particularly food, clean water, shelter, sanitation and healthcare. Although the situation was reported calm on both sides of the border as at the morning of this statement, rain across the Moyale area heightens concerns about exposure, sanitation and possible communicable disease outbreaks. Reports that two women gave birth at Manyatta and two others at Bitiye further underline the urgent need for maternal, newborn and reproductive healthcare, emergency treatment and postnatal support.
The Commission stresses that human rights protection does not cease at national borders. Every person within Kenya’s jurisdiction is entitled to dignity and the protection of the law, regardless of nationality, ethnicity or immigration status. Article 28 of the Constitution guarantees respect for and protection of inherent human dignity, while Article 21(1) obliges the State and every State organ to observe, respect, protect, promote and fulfil the rights in the Bill of Rights.
Article 43 guarantees rights to the highest attainable standard of health, reproductive healthcare, adequate housing and sanitation, adequate food and clean and safe water. Article 43(2) expressly prohibits denial of emergency medical treatment. Articles 26, 27 and 29 protect the right to life, equality and non-discrimination, and freedom and security of the person.
Under Article 2(5) and (6), general rules of international law and ratified treaties form part of Kenyan law. The Government must protect asylum seekers and refugees consistently with applicable international obligations, including non-refoulement. The Refugees Act, No. 10 of 2021, provides the domestic protection framework; section 29 addresses return to circumstances involving specified risks of persecution or threats to life, physical integrity or liberty. Reception, registration and screening must therefore be humane and lawful.
Call to Action:
KNCHR calls for urgent, coordinated action by all duty bearers and stakeholders:
1. The Government of Kenya to work with the Government of Ethiopia to facilitate the safe, orderly and humane management of cross-border movements. Address the circumstances driving displacement, prevent threats to the safety and rights of affected persons, and support appropriate cross-border humanitarian coordination and find durable solution to persistent conflict.
2. National Government and Department of Refugee Services: Coordinate humane reception, registration, documentation and protection screening. Ensure border measures are lawful, proportionate, non-discriminatory and consistent with the principle of non refoulement.
3. Ministry of Health and Marsabit County Government: Deploy medical teams, personnel and supplies to all affected sites. Prioritise emergency and reproductive healthcare, safe delivery, antenatal and postnatal care, immunisation, nutrition and treatment of acute illness. Strengthen disease surveillance, safe water, sanitation, waste disposal and outbreak prevention.
4. Disaster management authorities: Conduct rapid needs assessments and coordinate food, water, weather-appropriate shelter, sanitation, healthcare and other essential services. Include people staying with host families as well as those in formal shelters.
5. UNHCR, IOM, Kenya Red Cross and humanitarian partners: Mobilise emergency resources and technical support, guided by assessed needs, impartiality and accountability. Provide food, clean water, shelter, hygiene supplies, healthcare, child protection and psychosocial support, with safe channels for complaints and referrals.
6. Protection agencies and service providers: Establish accessible referral pathways for women and girls at risk of violence or exploitation, unaccompanied or separated children, persons with disabilities, older persons and others requiring specialised assistance. Provide confidential, culturally sensitive psychosocial care, including support for women who have given birth and their newborns.
7. Security agencies and border authorities: Maintain public safety while ensuring that all security measures are lawful, necessary, proportionate and non-discriminatory. Security screening must complement, not replace, humanitarian assistance.
8. Local leaders, faith-based institutions, host communities and civil society: Continue supporting affected people in coordination with authorities, identify urgent needs, share verified information and prevent stigma, exploitation and discrimination. The needs and welfare of host communities must also be addressed.
KNCHR underscores the need for sustained human rights monitoring in Moyale to assess living conditions, access to essential services and protection risks, and to document alleged violations. The Commission will engage relevant duty bearers and stakeholders within its mandate to promote accountability. Response efforts must protect displaced people’s dignity while also considering the safety and legitimate needs of host communities.
The reported calm offers an important opportunity to address immediate needs and prevent avoidable suffering before conditions deteriorate. The protection of life and human dignity cannot be postponed. KNCHR urges all responsible authorities and partners to act urgently, in coordination and with compassion, so that everyone seeking safety in Moyale is protected by the law and can access essential humanitarian assistance.
Claris Ogangah Chairperson,
Kenya National Commission on Human Rights (KNCHR)