This archive report was first published on 14 July 2021.
Published on July 14, 2021, a landmark Sh1.3 billion compensation award for residents of Uhuru Owino in Mombasa has been suspended by the Court of Appeal.
The court ruled that the residents did not prove their ability to refund the money, and if the appeal by NEMA succeeds, it would be impossible to recover the judgment sum.
Justice Ann Omollo had ordered NEMA to shoulder 40% of the compensation, translating to Sh520 million, while the Environment and Health ministries, Mombasa County government, and Export Processing Zone Authority (EPZA) were to share the remaining 60%.
However, the Court of Appeal has granted a stay of execution of the entire judgment pending the hearing and determination of the appeal.
The case was filed by Centre for Justice, Governance and Environmental Action Executive Director Phyllis Omido in 2015, seeking compensation for the residents who claimed their lives and health had been ruined due to lead pollution from the Kenya Metal Refinery.
