In ruling, the Environment and Land Court in Makueni has ordered Kenya Pipeline Company Ltd (KPC) and the National Environment Management Authority (NEMA) to pay Ksh 3,018,831,676 in damages and environmental restoration costs jointly.
The judgment follows a major oil spill in the Thange River Basin in Makueni County. The court found KPC 80% liable and NEMA 20% liable for the environmental damage.
“Having awarded damages in the sum of Kshs 2,118,831,676 and taking into account the cost for environmental restoration of Kshs. 900,000,000, the Gross Award herein is Kshs. 3,018,831,676,” read part of the judgment.
The judgment, delivered on July 11, 2025, arises from a consolidated petition filed by Muindi Kimeu and 3,074 others against KPC and NEMA.
Kenya Pipeline & NEMA to Pay Ksh3 Billion
The case followed a pipeline leak on May 12, 2015, which released petroleum products into the environment, contaminating land, water sources, and livelihoods in the Thange River Basin.
The petitioners accused the two entities of widespread violations of their constitutional rights, including the rights to a clean and healthy environment, life, dignity, property, health, water, food, access to information, and fair administrative action.
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Court orders payout, restoration in oil spill case
Of this amount, Ksh 2,118,831,676 is to be paid directly to the petitioners within 120 days from the date of judgment. This compensation covers various categories of harm suffered by the affected residents.
The breakdown is as follows:
- Ksh 28,059,378 for the loss of domestic water sources.
- Ksh 553,500,000 as general damages for the violation of constitutional rights.
- Ksh 23,576,948 for loss of income from land use, crops, and fruit trees.
- Ksh 225,000,000 for the loss of livestock.
- Ksh 198,150,000 to cover future medical treatment.
- Ksh 815,150,000 for pain, suffering, and loss of amenities.
- Ksh 2,250,000 for the loss of expectation of life of about 15 victims.
- Ksh 5,000,000 for the cost of constructing a borehole.
- Ksh 6,916,500 for laboratory tests.
- Ksh 11,228,850 in professional fees for livestock assessment.
- Ksh 250,000,000 in punitive or exemplary damages.
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In addition to this, the court issued an environmental restoration order requiring KPC to rehabilitate the contaminated land, soil, surface and underground water, and the broader Thange River ecosystem within 120 days of the judgment.
If KPC fails to carry out this restoration, it will be required to pay Ksh 900,000,000 to NEMA, which will then take over the restoration and file a report in court.
“An environmental restoration order be and is hereby issued requiring the 1st respondent to restore the petitioners’ damaged land, soil, surface and underground water, the environment (biota & fauna) and the entire Thange River Riparian habitat, to its original status and/or to the satisfaction of this Honourable court within one hundred and twenty (120) days from the date of this judgement and file a report in Court,” read part of the judgement.
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