Court Gives NEMA Seven Days
NEMA Given Seven-Day Ultimatum as Court Demands Explanation Over KSh1.3 Billion Compensation Delay for Lead Poisoning Victims
The Environment and Land Court in Mombasa has issued the National Environment Management Authority (NEMA) with a seven-day ultimatum to explain why victims of the Owino Uhuru lead poisoning disaster are yet to receive the KSh1.3 billion compensation awarded by the courts.
In fresh orders seen by this publication, the court directed NEMA Director General to file a sworn affidavit detailing the steps taken to settle the compensation, explaining the reasons behind the prolonged delay, and outlining a clear payment plan following the judgment and the latest court orders issued on June 11.
The directive marks the latest development in one of Kenya’s longest-running environmental justice cases, which has seen residents of Owino Uhuru in Mombasa wait years for compensation after suffering severe health complications linked to toxic lead pollution.
Justice Bellinda Akello warned that failure by NEMA to comply with the court’s directions could trigger the attachment of funds held in a bank account through garnishee proceedings, allowing the money to be released directly to the victims.
The court order stated:
“This serves as the absolute final warning. Should the Director General fail to file the mandated Affidavit, or should the parties fail to present a mutually agreed payment structure on the next date, the application to make the Garnishee Order Nisi absolute shall be granted automatically on the return date without further hearing, and the funds held by the Garnishee bank shall be attached and released to the Applicant forthwith.”
However, the judge temporarily deferred enforcement of the garnishee application, giving NEMA and the other parties one final opportunity to resolve the payment dispute.
Justice Akello noted that while the court remained committed to enforcing its orders, it also had to take into account the administrative and budgetary implications of immediately freezing public funds.
The judge further directed NEMA to present a firm commitment on how and when the compensation will be paid, while allowing all parties to negotiate and file a consent agreement outlining an agreed payment schedule before the next hearing.
In a strongly worded rebuke, Justice Akello criticised the conduct of the parties involved, accusing them of treating court proceedings with unacceptable complacency.
“This court is constrained to express its displeasure at the utter lack of seriousness, cavalier attitude, and procedural sloppiness exhibited by almost all parties to these proceedings,” the ruling stated.
The latest orders come nearly two years after the Supreme Court upheld the landmark KSh1.3 billion compensation award in favour of residents affected by pollution from a lead-acid battery recycling plant operating in Owino Uhuru.
In its December 2024 judgment, the country’s highest court reaffirmed the principle that those responsible for environmental degradation must compensate affected communities and contribute towards restoring damaged ecosystems.
The ruling was hailed as a major victory for environmental justice, recognising the devastating health effects suffered by residents, including lead poisoning, long-term illnesses and deaths linked to prolonged exposure to toxic contamination.
Despite that legal victory, many victims are yet to receive compensation as the dispute over implementation of the judgment continues.
The case has become one of Kenya’s most significant environmental litigation battles, highlighting the challenges victims often face in enforcing court awards even after securing favourable judgments.
The matter is scheduled to return before the Environment and Land Court on October 12, when the court will assess whether NEMA has complied with its directives and determine whether to proceed with the attachment and release of the funds should the authority fail to honour the orders.
Also Read: Ruto Scores Major Court Victory as High Court Upholds Appointment of ODM-Linked Cabinet Secretaries