Nairobi — The Supreme Court has upheld the Sh2 billion compensation for Uhuru Owino slum residents affected by environmental pollution, ruling that those responsible for environmental degradation must not only compensate victims but also cover the cost of restoring the damage.
The residents of Uhuru Owino had filed a case against the Metal Refinery Limited, an Export Processing Zone (EPZ) factory that began operations in 2006.
The case centered on lead poisoning caused by the factory, and after an earlier award of Sh1.3 billion in compensation, the residents sought retrial for further damages.
In its ruling on Friday, the Supreme Court reaffirmed that the polluter is liable not only for compensation but also for the restoration of the environment.
"The polluter must bear the burden of compensating those affected by pollution and also take responsibility for restoring the environment," the court stated.
The case has been sent back to the Environmental and Land Courts (ELC) to address the issue of compliance with the restoration orders by the Export Processing Zones Authority (EPZA) and the National Environment Management Authority (NEMA), in line with the court's ruling.
The court reinstated an award of Sh700 million for environmental restoration and called for a reassessment of compensation for loss of life and personal injury.
NEMA has been directed to ensure the cleanup of the environment and implement measures to prevent further pollution.
The court also criticized NEMA and EPZA for failing in their regulatory duties, allowing the factory to operate without adequate environmental safeguards, leading to significant harm to the community.
More than 3,000 residents were affected by the pollution, with some contracting permanent health issues and others dying from lead poisoning.
The Environment and Lands Court had initially ordered Sh1.3 billion in compensation for sickness, death, and damage caused by the factory's emissions.
Since 2010, over 300 children and 50 adults have died from lead poisoning.
