The Supreme Court has, in what promises to be a locus classicus case, pronounced itself on Kenya’s environmental law. The “Uhuru-Owino Case” is a watershed moment, a critical precedent in environmental justice, holding both private and public bodies accountable for environmental harm and consequent human suffering.
The Supreme Court judgment reinstates the Environment and Land Court’s KES 1.3 billion compensation award for over 3,000 residents of Owino-Uhuru Village. The residents suffered severe environmental and health damages caused by a lead battery recycling factory. The judgment highlighted key principles of environmental law, including the polluter-pays principle, the precautionary principle, and the constitutional right to a clean and healthy environment.
The Supreme Court found public and private entities liable. The entities found liable include, amongst others - NEMA, the Export Processing Zone Authority (EPZA), the Cabinet Secretary (CS) for Health, the CS for Environment and a private company - Metal Refinery (EPZ) Limited. The Court apportioned responsibility based on their roles in enabling or failing to prevent the pollution.
NEMA, EPZA and the Cabinet Secretaries were faulted for regulatory failures. The factory (Metal Refinery) was held directly accountable for the environmental harm and human suffering caused by lead contamination.
The Supreme Court apportioned liability as follows:
The Supreme Court emphasised that entities responsible for environmental degradation must bear the costs of compensation of victims and restoration of the environment.
The Supreme Court also reinstated a default penalty of KES 700 million to fund environmental cleanup if the respondents fail to comply with environmental restoration orders.
This decision sets a pivotal precedent in Kenyan environmental law, showcasing the judiciary's role in upholding constitutional rights and ensuring accountability for environmental damage. It serves as a critical step toward empowering communities and strengthening environmental governance in Kenya.
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Read the original publication at Africa Law Partners
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