KHRC warns El Niño rains could worsen human rights violations

The Kenya Human Rights Commission (KHRC) has issued a warning that the anticipated El Niño rains could exacerbate human rights violations, particularly for vulnerable communities in Kenya, unless the government prioritizes rights protection in its disaster preparedness and response efforts. In a statement released on September 28, 2026, KHRC urged the government to adopt a rights-based approach to the forecasted heavy rains between late September and December.

According to Article 19(1) of the Constitution, the Bill of Rights is an integral part of Kenya's democratic state and forms the basis for social, economic, and cultural policies. KHRC stated that the strong El Niño conditions, combined with a positive Indian Ocean Dipole, are expected to result in above-average rainfall across the country, with approximately 80% of Kenya at risk of severe flooding.

All 47 counties could be affected, with Central Kenya, the Rift Valley, the Lake Victoria basin, and Western Kenya anticipated to experience some of the highest rainfall intensities. The warning follows devastating floods in 2024, where at least 170 people died and over 200,000 were displaced. KHRC cited Human Rights Watch figures and emphasized that low-income communities face heightened risks, with 62 primary schools submerged in a 2024 survey, affecting 15,000 learners and 34 cholera cases reported along the Tana River.

KHRC cautioned that evacuation, relocation, and relief operations must not lead to forced evictions or other rights violations, citing the 2024 flood response where police raided human rights defender offices in Nairobi and arrested 27 activists protesting the eviction of flood-affected residents. The commission also raised concerns over demolitions in Mukuru Kwa Reuben and Kiamaiko settlements without proper notice, leaving thousands homeless.

KHRC demanded greater scrutiny of emergency expenditures, citing the COVID-19 response irregularities as an example. The commission urged the government to ensure evacuation and relocation programs do not result in forced evictions or extrajudicial killings and protect human rights defenders and community organizations monitoring the flood response.

KHRC emphasized the need for public disclosure of financing, procurement, and expenditure related to the El Niño response, along with transparency in the distribution of humanitarian assistance. The commission announced the establishment of a human rights monitoring and response center to document emerging governance and rights issues during the rainy season, urging the public to report alleged violations through designated contact numbers.