Lead poisoning victims protest delay of Sh2 billion cash payout

Residents of Owino Uhuru slum in Mombasa County who were affected by lead poisoning have complained of delays in the release of Sh2 billion awarded by the Supreme Court in December.

The villagers, some of whom are still suffering the effects of the poisoning, have say they expected to use the money for treatment but there was no clue when government agencies and investors they had sued will release the cash.

Village chairman Alfred Ogola said he was suffering the effects of the lead poisoning but he has no money to pay for medication.

“Lead poisoning has ruined my life, and I cannot walk properly or stand for long. I urge the government to expedite the compensation of all those affected so we can buy drugs,” said Ogola, 70, who said he has relied on milk and pain killers to endure his condition.

Ogola noted that three months have passed without any word from government regarding the compensation, causing worries to all victims in the area.

Yesterday, the victims recounted their harrowing experiences and expressed fears of for more deaths, unless the award was handed to them as most of them are sick.

The ruling brought to an end an eight-year court battle. So far, more than 400 people have reportedly lost their lives to the lead poisoning.

The victims were accompanied by the executive director of the Centre for Justice, Governance and Environmental Action Phyllis Omido who assisted them in suing over the lead poisoning in the slum.

“There will be more deaths if money for treatment will not be made available soon,” warned Ms Omido, also a victim of the poisoning.

Scholastica Shikanga, another victim,  said since the court verdict, there has been nothing from the government or any other party held culpable in the matter and they have been left to suffer.

Omido and the slum dwellers resolved to form a committee to pursue the compensation saying they badly needed funds to pay for their medical bills.

The Supreme Court had awarded victims of lead poisoning Sh1.3 billion and Sh700 million for cleaning the environment.

The apex court affirmed the trial court’s award to residents of the informal settlement affected by pollution from Metal Refinery, a lead-acid battery recycling factory.

In a landmark verdict, the Supreme Court also upheld the Environment and Lands Court (ELC) ruling that ordered Sh700 million for the restoration of the contaminated land.

The residents had lived near the factory from 2006 until its closure in 2014. The factory, engaged in lead-acid battery recycling, emitted toxic waste, which contaminated the environment causing various health complications, resulting in more than 20 deaths.

The verdict was delivered by Justices Mohammed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, and William Ouko.

It affirmed that Metal Refinery (EPZ) Ltd must bear the burden of compensating the victims of pollution and also cover the cost of restoring the environmental degradation.

The judges also pointed out the evidence provided by the clinical officer in charge of Mikindani Health Centre, who reported treating about 300 patients from Owino Uhuru, most of whom presented with symptoms suggestive of upper respiratory tract infections, allergies, and diarrhoea. Additionally, medical reports from Gama Hospital identified heavy metal poisoning, joint pain, anaemia, goitre, and other ailments.

“We find that in this case, the harm was in the soil, air, and water, and it also affected the health of humans. There was a direct effect, as shown by the medical reports. The effects on humans and the environment were therefore not a one-off event, but as stated elsewhere in this judgment, a continuous violation that persisted for more than seven years when Metal Refinery was operational.

The court found that Nema and other government agencies were equally culpable.