This archive report was first published on 16 July 2020.
Slum Residents Awarded Ksh1.3 Billion for Lead Poisoning ¶
On July 16, 2020, a court ordered the government to pay Ksh1.3 billion to residents of Owino Uhuru slum in Jomvu, Mombasa, who had filed a class-action lawsuit in 2016.
The lawsuit, which was highlighted by investigative journalist John Allan Namu on KTN, alleged that the government and several companies, including the Ministry of Environment, Ministry of Health, and Export Processing Zones Authority, were responsible for the pollution of the environment, leading to many deaths.
The residents, who either worked or bordered the now-defunct smelting plant, Metal Refinery EPZ Ltd., claimed that the National Environment Management Authority (NEMA) failed in its mandate to carry out environmental assessments and ensure the smelter adhered to regulations.
According to court documents, NEMA was accused of failing to protect the residents, despite knowing the dangers of lead. The Ministry of Health was also faulted for failing to protect the residents, despite knowing the dangers of lead.
During the trial, some local witnesses complained of suffering from the effects of pollution, including chest pains, itchiness, skin rashes, anaemia, low intellectual weakening of bones, and impotence.
Wandera Bideru, a retired deputy government chemist, testified in court, narrating the tests he conducted for the residents. He stated that some samples had high content of lead, above the normal range of five micrograms per decilitre in children and 10 micrograms per decilitre in adults.
The court ordered that the Ministry of Environment, Ministry of Health, and Export Processing Zones Authority will each share 10% of the bill, while the National Environment Management Authority (NEMA) will bear 40% of the cost. The EPZ Metal Refinery will contribute 25%, and former Nyali MP Hezron Awiti's Penguin Paper and Book Company will incur 5% of the bill.
