The National Environmental Management Authority (NEMA) has commenced efforts to remediate the pollution-ravaged Owino-Uhuru settlement in Jomvu Sub-County, following a Supreme Court directive.
The move has however, sparked intense opposition from activists and residents who claim the initiative is flawed and lacks transparency.
The protracted legal battle case began in 2016 at the Environment and Land Court in Mombasa and moved to the Supreme Court.
The residents claimed that in the year 2006, Penguin Paper and Book Company Limited leased a neighbouring plot to Metal Refinery (EPZ) Limited, which set up a lead acid battery recycling factory.
The lead acid recycling activity produced toxic waste which seeped into the village, causing the area residents various illnesses and ailments as a direct consequence of lead poisoning, with more than 20 deaths attributed to it.
Upon seeing the adverse effects of the existence of the factory, the residents and the Center for Justice Governance and Environmental Action (CJGEA) campaigned for its permanent closure and urged the concerned authorities to investigate the environmental degradation caused as well as the negative impacts suffered.
NEMA is complying with the order of the Supreme Court of Kenya, which upholds the verdict of the Mombasa Environment and Land Court for restorative measures to clean up the soil and water and to remove any waste deposited within the village.
In default, the sum of Sh700 million would be due and payable to the Centre for Justice Governance and Environmental Action to coordinate the soil and environmental clean-up exercise.
“We have embarked on the remediation process. We have also filed a preliminary report to the court to show the court the progress of the matter,” stated NEMA Legal Director Erastus Gitonga during a public participation meeting held today at the Mombasa County Commissioner’s Office.
He decried resistance by a section of the petitioners who are hell bent to derail the remediation process.
“The Owino-Uhuru case highlighted the devastating impact of industrial pollution on community health. We are fully committed to implementing the court’s directives and working with stakeholders to ensure a thorough and sustainable cleanup of the area,” stated Gitonga.
NEMA Director of Environmental Enforcement and Compliance Robert Orina affirmed that they have had a meeting with all six respondents in the case to devise the best ways to implement the court ruling.
“We plan to do the environmental assessment of the place to determine the current status of pollution. There’s natural attenuation that takes place when any pollution takes place, it can’t be the same state it was in 2013,” he said while expounding that the assessment would determine the magnitude of pollutant levels and the extent of the pollution and would inform the necessary remediation.
Orina said they would also carry out a detailed investigation involving soil sampling, water monitoring, and vegetation analysis, which are the main receptors of the pollutants which affect the environment.
“We will also be looking for secondary data in terms of the medication requirements from the public health sector to know if the people are still affected up to now,” he added.
He noted that in line with the court directive and to avert similar cases akin to the Owino-Uhuru, NEMA last year November gazetted the chemical regulations to guide the establishment of chemical industries.
However, the meeting ended abruptly when Khamisi Diyo, a pollution victim and key witness in the case, accompanied by Phyllis Omido, an Environmental activist and founder of CJGEA, stormed into the meeting.
They demanded the meeting’s termination, claiming it was illegal and contrary to the Supreme Court’s directive.
Despite the disruption, NEMA remains unwavering in its commitment to addressing the environmental challenges at Owino-Uhuru.
The authority is set to hold a public baraza tomorrow at the Owino-Uhuru area to engage directly with the community and address their concerns.
Local leaders, residents, and stakeholders are expected to attend the event as NEMA continues to demonstrate transparency and dedication to restoring environmental justice.
By Sadik Hassan and Sitati Reagan
