As Kenya grapples with devastating floods, the resulting human rights violations expose a tragic pattern of government negligence, corruption, and systemic inequality. This disaster, which has disproportionately affected the country’s most vulnerable populations, exemplifies the concept of structural violence—a term used by James Gilligan to describe how societal structures inflict preventable suffering on marginalized groups.

James Gilligan described structural violence as “the increased rates of death and disability suffered by those who occupy the bottom rungs of society, in contrast with the relatively lower death rates experienced by those who are above them.” This definition resonates deeply with the current situation in Kenya, where poor decision-making, lack of planning, and accountability by those in power have led to avoidable deaths and suffering. The recent floods have tragically illustrated this, as the deaths we have witnessed are not merely natural disasters but the result of human failings at multiple levels of governance.

Among the victims of these floods was Benna Buluma, affectionately known as “Mama Victor,” a staunch advocate for justice and the leader of the Mothers of Victims and Survivors Network (MVSN). Mama Victor tirelessly championed accountability for victims of police brutality, even after losing two of her sons to extra-judicial police killings. Her death is a profound loss to the human rights defender community, and it underscores the urgent need for continued pursuit of justice to honor her legacy.

The State’s Failure to Protect Its Citizens

The untimely passing of Mama Victor, along with hundreds of other Kenyans, underscores the state’s failure to provide its citizens with essential protections as enshrined in the Constitution. Public resources, meant to safeguard and serve the populace, have been misappropriated due to greed and corruption among government officials. This has left innocent Kenyans bearing the brunt of these failures, often paying with their lives.

The government’s lack of preparedness and inadequate response to the heavy rains—despite clear warnings—has had catastrophic consequences. The Kenya Meteorological Department had warned of enhanced rainfall due to the El Niño weather pattern as early as May 2023. Despite this, the government failed to implement timely preventive measures. Funds allocated for disaster response were misappropriated, leaving communities unprotected and vulnerable when the rains began.

In response to the floods, the government ordered residents in “high-risk fragile ecosystem areas” to vacate immediately, promising to evacuate, relocate, and protect exposed communities. However, this directive led to forced and arbitrary evictions, particularly targeting impoverished neighbourhoods such as Mukuru Kwa Reuben and Kiamaiko in Nairobi. These areas, characterized by less solid structures and poor sanitation, were bulldozed without sufficient notice or proper consultation, leaving thousands homeless.

This selective action starkly contrasted with the lack of similar measures in more affluent, flood-affected areas, highlighting systemic discrimination against the poor. Such evictions violate multiple human rights principles, including the rights to adequate housing, fair administrative action, and freedom of movement. They contravene Kenya’s constitution and international guidelines on evictions, revealing a pattern of systemic discrimination against indigent communities.

Government’s Inadequate Emergency Response

The government’s emergency response has been widely criticised for its inadequacy and delay. Despite the establishment of a multi-agency team to manage the flood response, significant delays and lack of support have been reported. Many affected communities have received little to no assistance in accessing essential services like shelter, healthcare, and food. This lack of timely action has been particularly detrimental in low-income areas, where poor infrastructure and sanitation have heightened public health risks.

Social media and mainstream media reports indicate that affected people received minimal support from the government to reach safety and access essential services. Police and rescue teams’ help lines were unresponsive in some locations, exacerbating the crisis. Opposition leaders and clergy called on the government to declare a national disaster and hold accountable those responsible for the inaction. This was not done leading to the death toll rising to 289 by 14th of May 2024.

Additionally, the impact of the floods in low-income neighbourhoods such as Mathare, Mukuru Kwa Jenga, and Kariobangi has been severe due to less solid structures, congestion, and poor sanitation infrastructure. This has left many people homeless and created public health risks like malaria, cholera, and diarrhoea. The Kenya Red Cross Society reported an increase in waterborne diseases, further straining the already limited healthcare resources in these areas.

The floods have exacerbated socioeconomic vulnerabilities, particularly for marginalized and at-risk populations, including older people, people with disabilities, people living in poverty, and rural populations. The government’s failure to adequately prepare for and respond to these foreseeable impacts of climate change and extreme weather events underscores its human rights obligations to protect these vulnerable groups

It is unclear what happened to the funds that had been set aside for disaster response. Some media reports indicate that the money was misappropriated. In November, parliament approved an additional 8.2 billion Kenyan shillings (about $60.7 million) for disaster management. Despite this, the government was slow to act, ignoring warnings from the meteorological department and its partners. This lack of action contributed to the high death toll and widespread displacement witnessed during the floods.

The Call for Accountability and Systemic Change

Human Rights Watch and other organisations have called for a thorough investigation into the mismanagement of disaster response funds and the overall handling of the flood crisis. There is an urgent need for a transparent and accountable approach to disaster management, ensuring that resources are appropriately allocated and that the rights of all citizens, especially the most vulnerable, are protected.

The Kenyan government must prioritize creating alternative shelters for those displaced and ensure adequate compensation and reparation for victims of forced evictions. The government also needs to strengthen its disaster preparedness and response frameworks to mitigate the impact of future extreme weather events, which are likely to become more frequent and severe due to climate change.

In a broader context, the recent floods in Kenya are part of a pattern of extreme weather events exacerbated by climate change. Kenya and most of East Africa have been lashed by relentless and devastating downpours in recent weeks, with an El Niño weather pattern exacerbating the seasonal rainfall. Recent studies suggest that climate change could be a contributing factor, making such events more frequent and severe.

In its plans to combat climate change, including the comprehensive National Climate Change Action Plan 2023-2027, Kenya identified flooding as a risk and highlighted ways to mitigate it. The country also has a national disaster management unit. However, the government’s failure to implement these plans effectively has had dire consequences for its citizens.

Kenya’s government has a human rights obligation to prevent foreseeable harm from climate change and extreme weather events and to protect people when a disaster strikes. The unfolding devastation highlights the need for the government to prepare for and promptly respond to the foreseeable impacts of climate change and natural disasters.

Moving forward, the authorities should conduct a thorough and credible investigation to identify what went wrong and lessons learned. The government must ensure that all possible steps are taken to prevent or alleviate human suffering arising from the ongoing floods and to realize the rights to life, health, housing, food, water, and sanitation of those most affected.

Kenyan authorities should ensure that the response is inclusive and respects people’s rights. This includes providing adequate support to affected communities, ensuring fair and humane treatment of displaced individuals, and holding accountable those responsible for the mismanagement of disaster response funds.

The recent floods in Kenya have exposed deep-seated human rights violations and the severe consequences of government inaction and corruption. The tragic death of human rights defender Benna Buluma and the widespread suffering of displaced communities serve as stark reminders of the urgent need for systemic change. The Kenyan government must uphold its duty to protect its citizens, ensure accountability, and foster a responsive and inclusive approach to disaster management. Only through such measures can the cycle of structural violence be broken, and the dignity and rights of all Kenyans be upheld.

Conclusion: A Call to Action

The floods in Kenya are a wake-up call for the government and society at large. The events have laid bare the systemic failures and structural violence that plague the nation. As the floods continue to wreak havoc, there is an urgent need for a comprehensive and coordinated response that prioritizes the rights and well-being of all Kenyans, particularly the most vulnerable.

The government must take immediate action to address the root causes of these failures and ensure that future disasters are met with timely and effective responses. This includes strengthening disaster preparedness and response frameworks, ensuring transparency and accountability in the use of public funds, and upholding the human rights of all citizens.

In honor of those who have lost their lives, including the courageous Mama Victor, and in solidarity with the countless individuals and communities affected by the floods, it is imperative that we demand justice, accountability, and systemic change. The future of Kenya depends on our collective ability to learn from these tragedies and to build a society that values and protects the rights and dignity of every individual.

As the rains continue and the floodwaters rise, let us remember that the true measure of a society is not just how it responds to crises, but how it anticipates and prevents them, ensuring that all members of the community are safeguarded and supported. It is time for Kenya to rise to this challenge and to forge a path towards a more just, equitable, and resilient future.

Teddy Odira