Fresh dispute erupts over ownership of lead poisoning slum

Founder and CEO of Justice, Governance and environmental action, Phylis Omido (right) addresses residents of Owino Uhuru village in Mombasa. [Photo by Omondi Onyango/Standard]

A judge has asked the petitioners’ lawyers to prepare a list of those seeking compensation in the Owino Uhuru slum lead poisoning case.

Yesterday, hundreds of the slum dwellers jammed the court to hear a petition they have filed, seeking Sh1.6 billion compensation from the State and owners of a battery smelting firm they claim claim poisoned them with lead close to a decade ago.

The petitioners were shocked when a lawyer filed an application before High Court judge Lady Justice Ann Amollo, seeking to be enjoined to the petition on behalf of “the real owner of Owino Uhuru slum land”.

Following the ownership dispute, Lady Justice Amollo asked lawyers representing the petitioners to prepare a list of those seeking compensation.

The interlocutory application by a Mr Okanda was met with protests from the slum residents in court.

In 2010, the High Court in Mombasa had declared Owino Uhuru slum as a community land, in a dispute between a private developer and the residents.

Yesterday, Justice Amollo said it was vital to have the right names so as to avoid confusion if the court arrives at a finding that the residents should be compensated.

Nine village members led by Centre for Justice, Governance and Environmental Action rights group filed the petition in 2016 seeking courts intervention for compensation.

The petitioners have sued Attorney General, Cabinet Secretary Ministry of Environment Water and Natural Resources, Cabinet Secretary Ministry of Health, National Environment Management Authority, County Government of Mombasa, Export Processing Zone Authority, Metal Refinery EPZ Ltd and Penguin Paper and Book Company.

The petitioners claim that since the battery smelting factory commenced operations in 2006, there has been over 20 deaths attributed to the lead poisoning in the slum.

Yesterday, all lawyers for respondents agreed it was vital to establish the real residents of Owino Uhuru before the petition can proceed to hearing to avoid wrongful liability and compensation.