Justice Akello: Owino Ohuru Lead Poisoning Sh200 Million Payment Deadline

• Justice Belinda Akello ordered the National Treasury and NEMA to pay Sh200 million to Owino Ohuru lead poisoning victims by December 15.
• Failure to meet the December 15 payment deadline NEMA and Treasury will result in penal orders against the institutions and their leadership personally.
• This Sh200 million represents 10% of the total Sh2 billion compensation awarded by the Supreme Court for environmental negligence.
• NEMA is also directed to file a comprehensive payment plan for the full Sh2 billion by January.
• The lead poisoning, caused by a factory operating between 2007 and 2014, led to over 400 deaths and 3,000 illnesses.

The court explicitly warned that failure to meet this payment deadline would result in penal orders not only against the institutions but also personally against the leadership of both the Treasury and NEMA.

Justice Belinda Akello has issued a stringent directive, mandating the National Treasury and the National Environment Management Authority (NEMA) to disburse Sh200 million to victims of lead poisoning in Owino Ohuru, Mombasa County. This payment, representing 10% of the total Sh2 billion compensation awarded, must be completed by December 15. The court explicitly warned that failure to meet this payment deadline would result in penal orders not only against the institutions but also personally against the leadership of both the Treasury and NEMA. This firm stance underscores the judiciary's commitment to ensuring compliance with environmental damage awards.

Further to the immediate payment, Justice Akello has instructed NEMA to present a comprehensive payment plan for the entire Sh2 billion decretal amount by the next court mention scheduled for January. This indicates a clear judicial pathway for the full settlement of the compensation. The Attorney General's counsel, Kimai, indicated the government's willingness to fulfill the Sh2 billion compensation order, stating that the funds would be allocated within the supplementary budget for the 2025/26 financial year. Kimai clarified that earlier promises for payment by August 2026 were now "overtaken by events," emphasizing the budgetary process.

However, Charles Onyango, the lawyer representing the Owino Ohuru victims, expressed skepticism regarding the state's commitment. He accused the government of delaying payment despite previous assurances and sought the court's intervention to compel immediate disbursement to the victims, who have endured significant suffering from the lead poisoning. The court's current order for the Sh200 million payment deadline NEMA and Treasury faces is a direct response to these ongoing delays and the victims' plea for justice.

The devastating health crisis in Owino Ohuru stemmed from the operations of a lead battery recycling company, which functioned in the Mikindani area of Mombasa between 2007 and 2014. This facility, reportedly owned by a local politician, was responsible for discharging untreated hazardous lead effluent directly into open trenches and releasing toxic lead dust into the surrounding air. The severe environmental contamination led to tragic consequences for the local population.

The long-term exposure to lead resulted in over 400 fatalities and left more than 3,000 individuals suffering from chronic respiratory illnesses, neurological damage in children, and permanent organ injuries. The scale of human suffering prompted extensive legal action, culminating in a landmark Supreme Court ruling on December 6, 2024. The Apex Court found NEMA, the Export Processing Zones Authority (EPZA), and other relevant government ministries culpable of regulatory negligence. This negligence included issuing licenses without conducting proper environmental impact assessments or ensuring public participation.

Under the "polluter-pays principle," the Supreme Court ordered a total compensation of Sh2 billion. This substantial sum was specifically allocated, with Sh1.3 billion designated for direct compensation to 450 affected households for personal injuries and loss of life. The remaining Sh700 million was earmarked for a judicially supervised cleanup and restoration of the severely damaged Owino Uhuru ecosystem. This comprehensive compensation order aimed to address both the immediate human cost and the long-term environmental rehabilitation required.

The path to securing compensation for the Owino Ohuru lead poisoning victims has been fraught with challenges, marked by the state's initial failure to comply with the Supreme Court's Sh2 billion compensation order. This non-compliance previously led to significant enforcement action, including the temporary freezing of NEMA's bank accounts by the Environment and Lands Court in June 2026. While this freeze order was subsequently lifted, it was done so on the condition that NEMA would provide a definitive payment plan, highlighting the ongoing struggle for accountability.

The current directive by Justice Belinda Akello for the National Treasury and NEMA to pay Sh200 million by December 15, with the explicit threat of penal orders against their leadership for non-compliance, signals a heightened judicial resolve. This move aims to prevent further delays in the Kenya environmental damage payment process. The requirement for NEMA to submit a detailed payment plan for the full Sh2 billion by January underscores the court's intention to ensure a structured and timely disbursement of the entire compensation amount.

This case sets a critical precedent for environmental litigation in Kenya, emphasizing that judicial awards for environmental damage, particularly those involving severe public health impacts, will be strictly enforced. The focus on the Owino Ohuru Sh200 million payment deadline and the potential for personal liability for government officials serves as a powerful reminder of the legal and ethical obligations of state entities in protecting citizens from environmental harm.

Lawyers advising government entities or those involved in environmental litigation should note the strict judicial enforcement of environmental damage awards, particularly the threat of penal orders against leadership for non-compliance with payment deadlines. This sets a precedent for ensuring timely compensation in similar cases and highlights the personal liability risk for officials.

Source: Original reporting via The Standard