Win for 3,000 Kenyans as Supreme Court Rules on Ksh1.3 Billion Compensation

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 deaths of some residents.

“For avoidance of doubt the court affirmed that 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 court said.

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.

There was also 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.

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.

More to follow…

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