The Kenya National Commission on Human Rights (KNCHR) has called for an urgent humanitarian response after approximately 40,000 people reportedly fled unrest in Ethiopia and sought refuge in Moyale, along the Kenya-Ethiopia border.
In a statement issued on Monday, KNCHR Chairperson Claris Ogangah said more than 15,000 people were reportedly staying in eight temporary shelters, while over 20,000 others had been accommodated by relatives and friends.
Reported shelter locations include St. Mary’s Catholic Church, Harhosha Secondary School, Manyatta Burji, Sessi and Lanzi Mosque Hospital, among other sites.
The commission said the influx had placed significant pressure on host communities and available resources, particularly food, clean water, shelter, sanitation and healthcare.
Although the situation was reported to be calm on both sides of the border as of Monday morning, rainfall in the Moyale area had raised concerns about exposure, sanitation and possible outbreaks of communicable diseases.
Reports that two women had given birth at Manyatta and two others at Bitiye further highlighted the urgent need for maternal, newborn and reproductive healthcare, emergency treatment and postnatal support.
“The Commission stresses that human rights protection does not cease at national borders,” the statement reads.
KNCHR said everyone within Kenya’s jurisdiction is entitled to dignity and legal protection, regardless of nationality, ethnicity or immigration status.
The commission cited Article 28 of the Constitution, which guarantees respect for and protection of human dignity, and Article 21(1), which requires the State and its organs to observe, respect, protect, promote and fulfil the rights contained in the Bill of Rights.
It also cited Article 43, which guarantees the rights to the highest attainable standard of health, reproductive healthcare, adequate housing and sanitation, adequate food, and clean and safe water. Article 43(2) prohibits the denial of emergency medical treatment.
Articles 26, 27 and 29 protect the rights to life, equality and non-discrimination, as well as freedom and security of the person.
The commission further noted that Articles 2(5) and 2(6) incorporate general rules of international law and ratified treaties into Kenyan law.
It said the government must protect asylum seekers and refugees in accordance with applicable international obligations, including the principle of non-refoulement, which prohibits returning people to places where they face specified risks.
KNCHR added that the Refugees Act, No. 10 of 2021, provides the domestic framework for refugee protection, with Section 29 addressing return to circumstances involving specified risks of persecution or threats to life, physical integrity or liberty.
The commission said reception, registration and screening must therefore be conducted humanely and lawfully.
KNCHR called on the Kenyan government to work with Ethiopian authorities to facilitate the safe, orderly and humane management of cross-border movements.
It also urged both governments to address the circumstances driving displacement, prevent threats to the safety and rights of affected people, strengthen cross-border humanitarian coordination and pursue durable solutions to persistent conflict.
The National Government and the Department of Refugee Services were urged to coordinate humane reception, registration, documentation and protection screening.
The commission said border measures should be lawful, proportionate, non-discriminatory and consistent with the principle of non-refoulement.
KNCHR called on the Ministry of Health and the Marsabit County Government to deploy medical teams, personnel and supplies to all affected sites.
It urged authorities to prioritise emergency and reproductive healthcare, safe deliveries, antenatal and postnatal care, immunisation, nutrition and treatment of acute illnesses.
The commission also called for stronger disease surveillance, safe water supplies, sanitation, proper waste disposal and measures to prevent disease outbreaks.
Disaster management authorities were urged to conduct rapid needs assessments and coordinate the provision of food, water, weather-appropriate shelter, sanitation, healthcare and other essential services.
KNCHR emphasised that assistance should reach both people staying in formal shelters and those accommodated by host families.
The commission urged the United Nations High Commissioner for Refugees (UNHCR), the International Organization for Migration (IOM), the Kenya Red Cross and other humanitarian partners to mobilise emergency resources and technical support based on assessed needs.
The assistance should include food, clean water, shelter, hygiene supplies, healthcare, child protection and psychosocial support.
KNCHR also called for accessible and confidential referral services for women and girls at risk of violence or exploitation, unaccompanied or separated children, persons with disabilities, older persons and others requiring specialised assistance.
It said psychosocial support should be culturally sensitive and include assistance for women who have given birth and their newborns.
Security agencies and border authorities were urged to maintain public safety while ensuring that security measures remain lawful, necessary, proportionate and non-discriminatory.
The commission stressed that security screening should complement rather than replace humanitarian assistance.
KNCHR called on local leaders, faith-based institutions, host communities and civil society organisations to continue supporting displaced people in coordination with authorities.
It urged them to identify urgent needs, share verified information and prevent stigma, exploitation and discrimination.
The commission emphasised that the needs and welfare of host communities must also be addressed as pressure on local resources increases.
KNCHR said it would continue engaging relevant authorities and stakeholders within its mandate to promote accountability.
It also underscored the need for sustained human rights monitoring in Moyale to assess living conditions, access to essential services and protection risks, as well as document alleged violations.
The commission said the reported calm provided an opportunity to address immediate needs and prevent avoidable suffering before conditions deteriorated.
It urged all responsible authorities and humanitarian partners to act urgently and in coordination to protect the dignity of displaced people while ensuring that everyone seeking safety in Moyale can access essential humanitarian assistance.
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