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The African Commission expresses its sadness about the death of 200 people and the displacement of 150,000 others and sends its deep condolences to the families and communities affected by such loss of lives.
The African Commission recalls the responsibility of states as part of its obligation under Article 1 of the African Charter to give effect to the rights enshrined in the African Charter to mobilize the necessary responses for mitigating the impact of the flooding on affected communities including the provision of assistance to the bereaved families and the internally displaced. In the light of potential continuity of heavy rains, this also requires that the state adopts protective measures including early warning and facilitation of relocation of communities in imminent risk of being affected and adoption of effective disaster management strategies.
Other relevant provisions of the African Charter that are particularly of direct concern in such cases are those on the right to life (Article 4), the right to property (Article 14), the right to economic, social, and cultural development (Article 22), and the right to a generally satisfactory environment (Article 24).
In the light of the foregoing, the African Commission calls on the Government of the Republic of Kenya to:
The Commission also supports the efforts of the Government and people of Kenya to manage this crisis effectively and mitigate future risks in accordance with human and peoples’ rights.
Distributed by APO Group on behalf of African Commission on Human and People's Rights (ACHPR).
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