Court gives State 14 more days to file flood preparedness report
Boats in the flooded Modogo area in Tana River County on May 10, 2024.
What you need to know:
- The LSK attributed the deaths and loss of property to the government's failure to disseminate information in advance that would help the public to prepare and put in place plans to avert the continued suffering of Kenyans, loss of lives and property.
The High Court in Nakuru has granted the government a 14-day extension to file a report on its readiness to handle and mitigate the adverse effects of floods.
The ruling was in response to a case filed by the Law Society of Kenya (LSK) seeking to ensure proper disaster preparedness.
Initially, on May 4, Judge Samuel Mohochi had directed the Ministry of Interior and Coordination of National Government to prepare and present a contingency plan for floods prevention, control, and disaster response systems.
The extension was granted upon the State's request for more time to compile and submit the report.
State Counsel Sonia Wanjeri cited the need for additional time to mobilise relevant departments for the report's preparation.
While acknowledging the urgency of the matter, Justice Mohochi granted a two-week extension and instructed the petitioners to respond within three days.
“The court, hereby, extends the orders issued on May 4 by 14 days. The respondents should file the report and serve it to the respondents who shall respond to it within three days,” ruled the judge.
The petition filed on March 24 by the LSK, targets Cabinet Secretaries in charge of Interior, Education, Transport and the Environment as well as the National Disaster Management Authority and the Attorney-General.
It questions the government's actions or lack, thereof, which allegedly led to at least 220 deaths due to floods across the country.
The petition contends that the government's failure to disseminate advance information to the public contributed to the loss of lives and property.
It accuses the government of reacting impulsively, such as postponing school reopening, instead of implementing pre-existing plans.
The LSK attributed the deaths and loss of property to the government's failure to disseminate information in advance that would help the public to prepare and put in place plans to avert the continued suffering of Kenyans, loss of lives and property.
Through the affidavit of the LSK Chief Executive Officer, Florence Muturi, the society claimed that the government declined to heed the advisory and warnings from the Meteorological Department which had forecast the heavy rains and possible dangers.
“In total disregard of this advisory, the respondent failed, neglected and/or refused to heed to the advisory and accordingly put in place measures that could mitigate some of these impacts,” stated Ms Muturi.
In its prayers, the LSK is seeking orders to declare the actions of omission by the government in regards to the flash floods experienced in the country amount to a violation of law.
They also want orders in their respective ministries, to prepare and present to the court for scrutiny, a contingency plan on prevention, surveillance, control and disaster response systems to avoid further loss of lives and property due to the ongoing flash floods
Justice Mohochi directed that the matter be mentioned on June 11.
