The Supreme Court has ruled in favour of Uhuru Owino slum residents, upholding the award of Ksh1.3 billion for personal injury and loss of life due to environmental pollution caused by a lead-acid battery recycling plant.
The decision follows a lengthy court battle stemming from the claims from the Mombasa residents that they had suffered health problems due to lead poisoning caused by a nearby metal refinery.
"An award of Ksh1.3 billion to the 2nd–11th appellants was thus made for personal injury and loss of life payable within ninety (90) days from the date of judgment by the 1st appellant and the respondents in accordance with the apportionment of liability set out above," the Supreme Court ruled.
In the ruling released on Friday, the Apex Court affirmed that those responsible for environmental degradation must not only compensate victims but also bear the cost of restoring the damage caused.
“The polluter must bear the burden of compensating those affected by pollution and also take responsibility for restoring the environment,” the Supreme Court stated.
The court added, "The polluter pays principle underpins the responsibility of polluters to bear the costs of preventing, controlling, and remedying pollution caused by their actions."
The Supreme Court also reinstated an award of Ksh700 million for environmental restoration but sent the matter back to the Environment and Land Court (ELC) for reassessment of the compensation to be awarded for loss of life and personal injury.
The court further asserted that "the award was based on strict liability and the principle that polluters must be held accountable for the environmental damage they cause."
According to the top court, compensation in monetary and non-monetary terms must address the harm to health, loss of life, and degradation of the environment.
The court further directed the said company and the National Environment Management Authority (NEMA) to clean up the soil and water and remove any waste deposited within Owino-Uhuru Village within four months.
The judges directed that NEMA periodically report every three months to the ELC at Mombasa on the progress made until satisfactory completion of the restoration.
“The court determined that NEMA did not demonstrate that it invoked the polluter pays principle as envisaged by the Environmental Management and Coordination Act (EMCA), since no prosecution had been undertaken nor payment from the polluter ordered for the restoration of the environment,” asserted the judges.
This is What Killed Kariobangi North MCA Joel Munuve News Just In
