NAIROBI, Kenya, June 22 – The Centre for Justice Governance and Environmental Action has criticized a court decision granting the National Environment Management Authority a stay of execution on garnishee orders freezing its accounts, arguing that the move could further delay compensation for victims of the Owino Uhuru lead poisoning disaster.
In a statement, the organization said the ruling threatens to prolong a legal battle that has stretched for nearly six years since the Environment and Land Court delivered its judgment and almost two years after the Supreme Court of Kenya upheld the decision.
CJGEA said it had successfully obtained garnishee orders against NEMA’s accounts in a bid to compel the environmental regulator to comply with court directives requiring compensation for affected residents.
However, the group said it later learned that Justice Bellinda Akoth had granted NEMA a stay of execution after the agency indicated its commitment to implementing the compensation award.
The case stems from one of Kenya’s most significant environmental pollution incidents, in which residents of the Owino Uhuru settlement in Mombasa were exposed to lead contamination linked to a battery recycling factory that operated between 2007 and 2014.Residents accused state agencies, including NEMA, of failing to adequately regulate the facility and protect surrounding communities from exposure to hazardous chemicals.
In 2020, the Environment and Land Court ordered compensation for victims and directed authorities to undertake environmental remediation measures within specified timelines.The compensation award was later upheld by the Supreme Court, which ordered payment of approximately Sh2 billion to affected residents for losses associated with the lead poisoning.
CJGEA said it has spent years documenting the health effects of lead exposure on children, women and families, while also providing legal support, engaging government institutions and pursuing accountability through the courts.
The organization is calling for full compensation, medical support, environmental cleanup and accountability for all parties found responsible for the disaster.
According to CJGEA, despite guidance from the National Treasury to prioritize compensation for the Owino Uhuru community in government budget planning, the affected state agencies have yet to demonstrate concrete steps toward settling the award.
The group has appealed to civil society organizations, environmental justice advocates, development partners and the public to support efforts aimed at securing compensation and justice for the affected community.
