This archive report was first published on 14 July 2021.
Published on July 14, 2021, a landmark court ruling ordered the Government to compensate residents of Uhuru Owino slum in Mombasa for lead pollution caused by the defunct Kenya Metal Refinery.
However, the Court of Appeal has since suspended the compensation order, citing concerns that the residents may not be able to refund the money if NEMA wins the appeal.
The court ruled that the residents did not prove their ability to refund the money, while NEMA argued that its appeal would be rendered useless if the orders by Justice Ann Omollo were not suspended.
The suspension of the compensation order also shields the Kenya Metal Refinery, which was alleged to be the polluter and was to pay five per cent of the award.
Justice Omollo had ordered NEMA to shoulder 40 per cent of the compensation, with the Environment and Health ministries, Mombasa County government, and Export Processing Zone Authority (EPZA) to share the remaining 60 per cent.
The case was filed by Centre for Justice, Governance and Environmental Action Executive Director Phyllis Omido in 2015, seeking Sh1.6 billion compensation for the residents.
The residents claimed that their lives and health had been ruined or affected adversely due to lead poisoning, and they needed money for frequent medication.
The court heard that lead poisoning had killed 20 people and caused serious illness to many residents.
