The Environment and Land Court in Mombasa has directed Nema and the National Treasury to pay at least 10 per cent of the Sh1.3 billion award to victims of the Owino Uhuru lead poisoning by December 15. This amounts to Sh130 million. The court also ordered Nema to file a payment plan for the full decretal amount before January 18, 2027. Failure to comply with the directive will attract penal orders against both institutions and their leadership in their personal capacities.
The Centre for Justice, Governance and Environmental Action (CJGEA) had anticipated a Garnishee Order Absolute after Nema failed to issue a payment plan for the compensation award, as directed by an earlier ruling on July 6. The CJGEA had initiated garnishee proceedings as part of the community's and CJGEA's long-standing pursuit of justice, accountability, and remedies for violations of the community's rights.
The Owino Uhuru community has suffered deaths, miscarriages, ailments, and broken families after a battery-smelting company, Metal Refinery EPZ, was found guilty of poisoning the environment with lead. The Supreme Court issued a landmark ruling on December 6, 2024, reinstating a Sh1.3 billion personal injury award for 450 households and a Sh700 million environmental restoration fund for the Owino Uhuru community in Jomvu subcounty, Mombasa county.
The Supreme Court allowed an appeal, overturning the Court of Appeal's earlier decision to set aside the compensation and remit the case for a rehearing. It fully restored the Sh1.3 billion awarded by the Environment and Land Court in Mombasa for personal injuries and loss of life suffered by residents. The court held state regulators Nema and the Export Processing Zones Authority directly liable for negligence, the improper issuance of Environmental Impact Assessment (EIA) licences, and failure to enforce environmental and health safeguards at Metal Refinery (EPZ) Ltd from 2007 to 2014.
CJGEA executive director Phyllis Omido expressed disappointment that the Garnishee Order Absolute was not issued. Omido said a Garnishee Order Absolute would have enabled the recovery of funds held in Nema's bank accounts towards compensating the Owino Uhuru community, which has endured a prolonged wait for justice. The community has not received any compensation to date, despite the court ordering payment within 90 days of the ELC judgment delivered on July 16, 2020, and subsequently the Supreme Court judgment delivered on December 6, 2024.
During Monday's proceedings, Charles Onyango, who represented the Owino Uhuru community and CJGEA, said there was an agreement between them and the Export Processing Zones Authority (EPZA) for the settlement of 10 per cent of the Sh1.3 billion decretal amount, equivalent to Sh130 million. Onyango said that, following the payment plan agreement, the matter had been marked as settled between the authority and the petitioners.
Nema, through Advocate Kemei from the Attorney General's Office, told the court the government was to pay the entire amount collectively rather than as individual parties because all the respondents were government entities. Kemei said NEMA Director-General Mamo Mamo had already explained in an affidavit the steps taken to satisfy the decree, but new developments in the budgetary process had not been captured in the affidavit.
Key points
- The Environment and Land Court in Mombasa has ordered Nema and the National Treasury to pay at least Sh130 million to victims of the Owino Uhuru lead poisoning by December 15.
- The court also ordered Nema to file a payment plan for the full decretal amount of Sh1.3 billion before January 18, 2027.
- Failure to comply with the directive will attract penal orders against both institutions and their leadership in their personal capacities.
