The Supreme Court of Kenya has granted residents of Owino Uhuru within Changamwe in Mombasa County a compensation of Ksh 1.3 billion.
The decision was made after the Court found a company by the name Metal refinery (EPZ) Limited culpable of polluting the environment with lead acid which produced toxic waste resulting to the deaths of some residents.
Supreme Court judges affirmed the sum of Ksh1.3 billion awarded by the trial court on account of general damages for loss of life and personal injury and held that the amount is not only for the benefit of the 2nd to 11th appellants but for the 450 households and residents of Owino Uhuru Village which encompasses an approximate 13.5 acres.
The parties directed to pay the Ksh 1.3 billion liability, apportioned as follows, are:
- EPZA, Cabinet Secretaries of Environment and Health: 10% each
- NEMA: 40%
- Metal Refinery (EPZ) Limited: 25%
- Penguin Paper and Book Company Limited: 5%
Owino Uhuru residents granted Ksh1.3 Billion Compensation by Supreme Court
The Court also found that, in this case the harm was in the soil, air, water and the same also affected the health of humans.
Additionally, the judges found that there was a direct effect as shown from the medical reports and the effects on humans and the environment was therefore not a one-off event but a continuous violation that persisted for more than seven years when Metal Refinery was operating and subsequently thereafter.
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This court case has been dragging in court for a while. Despite the factory’s eventual closure in 2014, the villagers sought redress for environmental and health damage.
The first court battle was witnessed in the Environmental and Land Court in Mombasa.
Court battles between Changamwe residents and other parties
It was established by the court that the rights of the residents to a clean and safe water, and life were violated due to the actions or omissions of the Export Processing Zone Authority (EPZA), the National Environment Management Authority (NEMA), and other involved parties and therefore the residents were awarded Ksh 1.3 billion.
Dissatisfied with the Ruling EPZ and NEMA went to the Court of Appeal.
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The Court of Appeal overturned the ELC’s compensation award of Kshs. 1.3 billion, citing issues with identifying specific beneficiaries beyond the named appellants.
The matter was sent back to the ELC for reassessment of damages.
Owino Uhuru residents later took the case to the Supreme Court, where the apex court reversed the Court of Appeal’s decision on damages, affirming the Environment and Land Court’s (ELC) original award of Kshs. 1.3 billion for personal injury and loss of life in Owino Uhuru Village.
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