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Nairobi Floods: Halt Arbitrary Evictions Disguised as `Evacuation`
By:Mazingira Institute, Kenya Human Rights Commission (KHRC), Social Justice Working Center Working Group 04 May 2024
NAIROBI, KENYA—The ongoing heavy rains have occasioned massive floods and unprecedented disasters in the form of loss of lives, injuries, and destruction of properties and infrastructure. Such calls for collective, responsive actions to foster the people`s safety and dignity.
Against this background, the government of Kenya ordered residents within high-risk fragile ecosystem areas to vacate immediately or within 24 hours on Thursday. It claimed it would evacuate, relocate and protect the exposed communities from the devastation of ongoing floods. But it became a driver of gross injustice and unwarranted violence, specifically targeting the poor in the people`s settlements.
Even before the government’s deadline elapsed, and without sufficient notice or proper consultation, bulldozers descended on the Mukuru Kwa Reuben and Kiamaiko areas in Nairobi in a case of forced and arbitrary eviction that left thousands of locals homeless. Yet, more affluent neighbourhoods that flooded even more and sat on riparian land were left untouched, highlighting a selective, punitive, and discriminatory expedition.
The demolitions and forced evictions happened against the backdrop of systemic and arbitrary displacements that continued to target indigent communities in Kenya over the years.
The regime, aiming to appear responsible, did not offer alternative shelter for the affected families but insisted that they move to higher ground. The ongoing evictions contravene our 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 humanly.
Indeed, forced evictions of this nature are prohibited in all circumstances for grossly violating fundamental rights and freedoms, including the rights to adequate housing, food, water, health, education, work, security, human dignity, fair administrative action and freedom of movement.
The timing of this action by the Kenyan State is 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.
This regime must begin by identifying alternative shelters for all the people at risk of being swept by the floods. The evictions must not bring more harm and exposure to the people. Where evictions have happened, victims must receive adequate compensation, reparation, and access to housing. We also caution the public against dangerous maneuvers that may put their lives at risk, like crossing or driving through flooded roads.
Signed:
Kenya Human Rights Commission (KHRC)
Mazingira Institute
Social Justice Center Working Group
https://www.hlrn.org/activitydetails.php?id=qGhpbA==
Nairobi: 3 dead as excavator evicting Mukuru flood victims damaged
Two were killed in Mukuru and one in Mathare slums, police said.
In Summary
Tension is mounting in the areas targeted with resistance growing.
Police say the affected have to move for their safety in general.
There was chaos when a group attacked and chased a team of government officials demolishing houses in riparian areas in Mukuru slums, Nairobi.
This is after it emerged the eviction team may have killed at least two children in the area in the process of their actions, police said.
This angered locals who grouped and chased the team from the scene, officials said.
Among the dead was a five-year-old boy who was crushed by rubbles after a structure fell on him in the area.
Another body was discovered in the rubbles hours later on Sunday, police said adding they are investigating the incident.
Separately, a 17-year-old boy was killed by another eviction team in Mathare slums on Monday.
This sparked protests in the area hours after President William Ruto had left the area.
The president had visited the area to cope with those affected by the floods.
The team evicting the families from the affected areas later embarked on the mission before the body of the teenager was discovered sparking the protests.
Police used teargas canisters to disperse the protesters before they picked up the body of the boy at the mortuary.
According to police, the Mukuru incident happened after the group of about 50 approached the multi-agency team demolishing houses and evicting those living near the riparian land in the area on Sunday and ordered them to leave.
The team was accompanied by police officers who tried to stop the chaos in vain.
The officers shot into the air and used tear gas canisters in vain.
Police said the protesters pelted the team with stones and twigs forcing them to retreat.
One excavator was damaged in the chaos. It was later carried on a lorry from the scene.
This forced the team to stop their operation.
In the incident that happened on Sunday, locals said the victim was picking up their valuables when he was fatally injured in the head.
Tension is mounting in the areas targeted with resistance growing.
Police say the affected have to move for their safety in general.
The victims say they want to be given an alternative place to stay as they are being evicted.
Ruto said those evicted would be given Sh10,000 each, food and bedding.
The developments were prompted by ongoing rains and flooding which have killed more than 230 people.
In Nairobi, more than 40 people have been killed and dozens displaced.
The reopening of schools has been postponed over the rains.
At least 230 people have so far lost their lives due to the ongoing heavy rains and resultant floods across the country.
Interior Cabinet Secretary Kithure Kindiki said about 164 people were injured and 72 were missing after the floods.
“A total of 41,526 households have been displaced affecting approximately 212,630 people. 138 camps have been set up across 138 Counties hosting 62,061 people.”
Approximately 227,238 people have been impacted by the heavy rains.
Additionally, Kindiki says a total of 1,967 schools have been affected by the floods.
The government says multi-agency teams drawn from the Kenya Defence Forces, National Youth Service, and humanitarian agencies had already hit the ground running to coordinate rescue efforts and provide essential help to the displaced people.
Original article
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