Supreme Court gives hope to Owino-Uhuru residents in pollution case

Supreme Court has handed residents of Owino-Uhuru slum a reprieve by sending the case for retrial on damages, after earlier awarding them Sh1.3 billion for environmental pollution.

 In its ruling on Friday,December 6,  the court affirmed that those responsible for environmental degradation must not only compensate victims but also bear the cost of restoring the damage caused.

The court reinstated an award of Sh700 million for environmental restoration but sent the matter back to the Environment and Land Court (ELC) for reassessment of the compensation to be awarded for loss of life and personal injury.

 “The polluter must bear the burden of compensating those affected by pollution and also take responsibility for restoring the environment,” the Supreme Court said.

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The ruling follows a lengthy legal battle that started after residents of Owino-Uhuru, located in Mombasa, claimed they had suffered health problems due to lead poisoning caused by a nearby factory, Metal Refinery (EPZ) Limited, which began its operations in 2006.

According to the Centre for Justice Governance and Environmental Action (CJGEA), nearly 90 per cent of Owino-Uhuru residents tested positive for lead poisoning in a sample of  800. More than 300 children and 50 adults have died from the effects of lead poisoning since 2010.

Additionally, more than 60 children are in urgent need of medical attention due to the lead contamination.

The court noted that both NEMA (National Environment Management Authority) and EPZA (Export Processing Zones Authority) failed in their regulatory duties, allowing the factory to operate without proper environmental safeguards, resulting in significant harm to the community.

With the case now sent back to the ELC, the court has directed NEMA to ensure that the environment is cleaned up and that future measures are taken to prevent further pollution.

While the Sh1.3 billion compensation has been set aside for review, the court ruled that the polluter must compensate for both the harm done to people and the restoration of the damaged environment.