Government agency suffers set back after high court dismisses its application

The residents of Owino Uhuru within Jomvu Constituency in Mombasa county got a sigh of relief after Environment and Land Court sitting in Mombasa declined a notice of motion filed by the National Environment Management Authority (NEMA).

NEMA wanted the court to overturn a Supreme court award of sh 700 million for the clean up of  lead poison caused by a battery smelting plant slum in Mikindani area.

High court judge Yuvinalis Maronga Angima said in his judgement delivered virtually that the government agency application is unrelated as a consequence and therefore dismissed the application by NEMA.

The judge said in his 12-page ruling that a successful party should ordinarily be awarded the costs of action unless the court rules otherwise.

The case before the court concerns the environmental impact of a lead-acid battery  recycling factory operated by Metal Refinery (EPZ) Limited in Mombasa county.

The residents alleged that toxic waste from the factory had led to severe health problems including lead poisoning and multiple deaths.

In its judgment dated 2020 the court said it has found that NEMA, alongside other state agencies, had failed to uphold environmental protection leading to the factory’s continued operation despite clear environmental harm.

The court awarded damages amounting to sh 1.3 billion to loss of life and personal injury and sh 700 million for environmental restoration.

The court of appeal later reviewed the case modifying the allocation of liability and revising the award damages.