Why five Nakuru residents want state to declare Lake Naivasha flooding a national disaster

Following the deteriorating condition in the Kihoto area in Naivasha Sub County, a section of residents went to court wanting it to issue orders declaring the flooding in the area a national disaster.

In the documents seen by Mtaa Wangu, Dr. Peter Mbae, Washington Ndirangu, Stephen Kimani, Tabitha Kimani, and Marques Kariuki presented a petition in the Naivasha Law Courts.

The respondents in the matter are the Ministry of Interior and National Administration, the Ministry of Lands, and the County Government of Nakuru.

Washington Ndirangu says that since 2019, the water in Lake Naivasha has steadily risen, resulting in the displacement of families, destruction of property, and submersion of public amenities.

“Despite repeated appeals to both National and County Governments, there has been no coordinated or effective response, nor has the situation been declared a national disaster as required under the national disaster management framework,” he says.

He further states that the failure of the respondents to declare the issue a national disaster and to coordinate an effective response violates their right to life, property, housing, and a clean and healthy environment.

“The continued displacement of residents and loss of livelihoods without redress amounts to state neglect,” he says.

Additionally, he reveals that in 2020 the Parliamentary Committee on Environment and Natural Resources of the National Assembly conducted an inquiry into the rising water levels in Kenya’s Rift Valley lakes, including Lake Naivasha.

“It identified Lake Naivasha as one of the areas that is severely affected, with substantial displacement of residents, loss of farmlands, and threat to public safety. The committee gave recommendations in their report that would help address the threat,” he says.

Apart from wanting the issue to be declared a national disaster, Washington is also seeking mandatory orders compelling the affected residents to relocate to safer grounds and the compensation of the residents who have lost their property.

“They should implement the 2020 parliamentary report recommendations and establish a permanent buffer zone to prevent future encroachment,” he says.

The court ordered the petitioners (Dr. Peter Mbae, Washington Ndirangu, Stephen Kimani, Tabitha Kimani) to serve the respondents (Ministry of Interior and National Administration, Ministry of Lands, and the County Government of Nakuru) and the respondents to file their responses within 14 days.

The matter will be mentioned on November 24.