Court Awards Sh1.3 Billion to Residents of Mombasa Slum for Lead Poisoning

The High Court has awarded Sh1.3 billion to residents of Owino Uhuru slum in Mombasa as damages for poisoning from a lead-smelting factory.

In her ruling on Thursday, Environment Court judge Ann Omolo ordered respondents in the case to pay the award within 90 days. 

They include Cabinet Secretaries for Environment and Health, National Environment Management Authority (Nema), Metal Refinery EPZ Ltd, the Export Processing Zone Authority, and Penguin Paper and Book Company.

The money will be paid to Owino Uhuru residents who either worked or lived near Metal Refinery EPZ, the lead smelting company that has since been closed.

Justice Omolo further ruled that the respondents were liable for the death and damages suffered by the residents.

Nema will pay 40 percent of the damages followed by Metal Refinery EPZ (25 percent), Health and Environment ministries (10 percent each) while Penguin Paper and Book Company will pay five percent. The Mombasa county government was absolved from responsibility.

Also, the court gave the respondents 120 days to clean the soil, water, and remove any waste deposited within the settlement.

About 3,000 residents filed the class action suit in 2015 seeking Sh2 billion damages for death, illness, and damages caused by emissions from the lead manufacturing factory. The suit was lodged through the Center for Justice, Governance, and Environmental Action.