How Nairobi residents can win in court over flood losses

Residents must demonstrate that the flooding was caused by negligence or breach of statutory duty...

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Following recent heavy downpours in Kenya, residents in Nairobi are exploring legal avenues to seek compensation for flood-related losses. The crucial question is whether the county government can be held accountable for damages.

Nairobi residents may pursue legal action if their constitutional right to a clean and healthy environment (Article 42 & 70 of the Constitution) is violated due to authorities' failure in planning and infrastructure responsibilities.
Lawyers Sharon A. Atieno and Purity Muhindi suggest liability can arise if negligence, such as poor waste management or blocked drainage, is proven to have contributed to the flooding.
Claims require substantial evidence, including photographs and expert reports, to demonstrate that the damage resulted from government failure rather than an "act of God."

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