NAIROBI, Kenya, Mombasa’s Court of Appeal has condemned a demonstration that was conducted to expedite the delivery of a Sh1.3 billion compensation award judgment.
The appeal case No.E004 of 2020 was to be delivered on February 17th, 2023, but was postponed to March 17th, 2023.
Over 3,000 Owino Uhuru residents 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.
Since it was lodged about two years ago, the delivery of the judgment has been slow.
In its response, the Court said the matter has taken long since the case is sensitive.
“A large group of persons claiming to parties in the matter held demonstrations outside the Court apparently demanding delivery of the judgment,” Mombasa’s Court of Appeal Deputy Registrar said.
“It is however not right for any of the parties to attempt to exert pressure on the Court to adjudicate the matter in any way and we request you to guide your respective clients to desist from doing so.”
Previously, Environment and Land Court Judge Ann Omollo directed the Government to shoulder 70 per cent of the compensation for being complicit with 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 per cent of the money for being the direct source of the poison, Penguin Paper and Book Company will meet five percent for leasing out its land to the factory.
“Your clients should channel any grievances they might have with the Court through you as their advocates in the matter. We trust that what was experienced today will not recur.”
