I take note of the catastrophic floods that affected Nairobi City County. It is unfortunate that so far we have lost 30 innocent lives and caused costly destruction to property and businesses. I share sorrow and console the affected families. I appeal to financial institutions to be considerate and to find a middle ground to not only support businesses and properties affected, but also to review credit relief for those affected.
As the late indefatigable Prof. Wangari Maathai warned us, nature doesn’t forgive. Government officials made impunity and greed their anthem because it has no consequences. We are living in the ruins of impunity now.
I have noticed that the City and County governments, as well as the national government, are taking actions to help affected families. It is very troubling that the response is coming very late and is too little. Nairobi City County government must bear full responsibility for dereliction of constitutional duty, negligence, and impunity. It must face a public mass suit for compensation for lives lost and
It is unbelievable that the national disaster management authority is functionally dead.
What Ails Nairobi
Nairobi City County faces two acute problems: first, archaic physical structural planning; second, official impunity and greed in allowing the blockage of waterways and riparian areas.
In 2003, the NARC government took bold and decisive political action to recover and restore all road reserves and other public utilities that had been grabbed. Today, Kenyans are enjoying the fruits of that fearless political decision.
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It is time to act and regain Nairobi City County with no compromise. Article 40(6) of the Constitution is very clear on illegally and irregularly acquired property.
All blocked waterways and riparian or wetlands must be recovered and opened immediately. Secondly, any public utility or space that has been grabbed must be restored. Official impunity must not prevail.
Further, any state or public official liable must not only be sacked but also prosecuted.
Article 208 of the Constitution established the Contingency Fund to address urgent and unforeseen emergencies, such as the floods we are facing across the country now. Criminally, the funds allocated in this fund have been abused and diverted to unauthorized budgetary expenditures by the National government.
Finally, the 2014 Nairobi Physical Planning Development Master Plan must be implemented with full public participation.
All County Governments must, with immediate effect, evaluate and strengthen their disaster and emergency services.
This article was written by Ndung’u Wainaina, a Human Rights Defender.
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