Kenya: Court of Appeal overturns a 2020 Sh1.3 billion award for damages to Owino Uhuru community in lead contamination & poisoning lawsuit against Metal Refinery (EPZ)
"Blow to Owino Uhuru lead-poisoning victims as court quashes Sh1.3bn award", 23 jun 23
More than 3,000 victims of lead poisoning in Owino Uhuru have suffered a major blow after the Court of Appeal overturned the Sh1.3 billion compensation awarded to them three years ago…
[Three Judges] allowed an appeal by the state and set aside the compensation awarded by the Environment and Land Court (ELC).
“We hereby set aside the orders granted by the [ELC] at Mombasa that the sum of Sh1.3 billion be and is hereby awarded to the petitioners for personal injury and loss of life payable within a period of 90 days from the date of judgment and in default, the petitioners shall be at liberty to execute”, said the judges.
The judges instead remitted the issue of the compensation to be paid to the victims of Owino Uhuru for re-hearing before a different judge at the ELC in Mombasa from the one who heard the case, Justice Ann Omollo.
The rehearing will include the taking of additional evidence limited to the issue and assessment of the damages payable to the victims and taking into account the principles set out by the Court of Appeal…
While setting aside the award, the judges noted the trial court failed to take into account various relevant factors and principles of law in the award of damages…
Phyllis Omido [executive director of the Center for Justice Governance and Environmental Action] said the victims have received the verdict with “utter shock and dismay”…
The government agency defended itself, stating that in 2007, smelting of used lead batteries was a new industry in Kenya and it was important to have a trial run necessitating the company to operate.
The agency did not see anything wrong with its action…