NAIROBI, Kenya, Feb 16 – The Court of Appeal has postponed a Sh1.3 billion poison payment judgment for Owino Uhuru dwellers in Mombasa.
The case, which was to be delivered yesterday, was postponed to March 17, 2023.
This is the third time that the court is postponing the case after similar postponements in December last year and this month.
“After waiting 3 years for the Judgement of the Owinouhuru appeal case, which was due tomorrow 17th Feb 2023, we were today informed in a one sentence email that the case has yet again been deferred,” Center For Justice Governance & Environmental (CJGEA) Action Executive Director Phyllis Omido said.
“This is the third time this is happening, the Judgement was initially scheduled for 2nd December, 2022 but was postponed to 17th February 2023 and now 17th March 2023.”
The residents of the informal settlement were affected by poison from the Metal Refineries (EPZ) Ltd., a lead smelting factory, with some residents contracting permanent health problems as well as deaths.
Earlier, Environment and Land Court Judge Ann Omollo directed the government to shoulder 70 percent of the compensation for being complicit in the matter.
It blamed the National Environment Management Authority (NEMA) for failing to discharge its mandate as per the law.
The authority was accused of assisting the factory to circumvent the law instead of holding it to account.
Whereas Metal Refineries (EPZ) Ltd. was to compensate 25 percent of the money for being the direct source of the poison, Penguin Paper and Book Company will pay five percent for leasing out its land to the factory.
“This is a public interest case directly challenging the various arms of government towards there obligations and responsibility as public servants and the place of Justice and the rule of Law for the most vulnerable,” Omido added.
“This is a clear case of the public observing the rule of law even on their death bed while state agencies conspire to deny them Justice even to their death.”
