MOMBASA, Kenya, Oct 12 — The Environment and Land Court in Mombasa is set to hear an application on Monday seeking to enforce a decree in the Owino Uhuru lead poisoning case.
The virtual hearing, scheduled for 9am, will focus on compliance with Supreme Court directives and an application by the Centre for Justice, Governance and Environmental Action (CJGEA) seeking to have a Garnishee Order Nisi against the National Environment Management Authority (NEMA) made absolute.
CJGEA Programs Manager Lance Mbani confirmed the hearing in a notice, saying the application seeks to enforce the court decree in a case involving Kelvin Musyoka and nine others against the Attorney General and seven other respondents.
“This is a pivotal moment in the community’s longstanding pursuit of justice and accountability, with significant implications for the enforcement of court judgments and the obligation of public institutions to comply with judicial orders,” Mbani said.
The case stems from lead contamination at a battery recycling factory that operated in Owino Uhuru, Mombasa, between 2007 and 2014.
Residents accused state agencies, including NEMA, of failing to regulate the factory and protect them from exposure to toxic chemicals.
In 2020, the Environment and Land Court ordered compensation to be implemented within 90 days and remediation measures within 120 days of the judgment.
In 2024, the Supreme Court ordered Sh2 billion in compensation for losses arising from the lead poisoning.
