The National Environmental Management Authority (NEMA) has commenced the long-awaited remediation of the pollution-stricken Owino-Uhuru settlement in Jomvu Sub-County, following a Supreme Court directive.
However, the cleanup effort has sparked fierce opposition from residents and activists who accuse NEMA of lacking transparency and failing to involve the community adequately.
The battle for environmental justice dates back to 2016, when the Environment and Land Court in Mombasa first heard the case.
Residents, led by the Center for Justice Governance and Environmental Action (CJGEA), accused Metal Refinery (EPZ) Limited of causing widespread lead poisoning after setting up a lead-acid battery recycling factory on a plot leased from Penguin Paper and Book Company Limited in 2006.
According to the community, the factory’s toxic waste seeped into the village, contaminating soil and water and causing severe health complications, including lead poisoning that claimed over 20 lives.
Alarmed by the escalating health crisis, residents and CJGEA campaigned relentlessly for the factory’s closure and demanded accountability from authorities.
After a protracted legal battle that progressed from the Environment and Land Court to the Supreme Court, the judiciary upheld the decision to hold NEMA accountable for remediation.
The court ordered the environmental watchdog to clean up the contaminated soil and water and remove any waste deposited within the village.
Failure to comply would result in a Ksh 700 million payout to CJGEA to coordinate the cleanup.
Speaking during a public participation meeting at the Mombasa County Commissioner’s Office, NEMA Legal Director Erastus Gitonga confirmed that the agency had already begun remediation and submitted a preliminary progress report to the court.
Gitonga, however, condemned resistance from some petitioners who he claimed were determined to derail the 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,” Gitonga stated.
NEMA Director of Environmental Enforcement and Compliance Robert Orina revealed that the agency had met with all six respondents in the case to develop a clear strategy for implementing the court ruling.
He outlined plans to conduct an environmental assessment to evaluate the current pollution levels, as natural attenuation over the years may have altered the extent of contamination.
“We will carry out a detailed investigation involving soil sampling, water monitoring, and vegetation analysis to determine pollutant levels and the magnitude of contamination. This data will guide the necessary remediation measures,” Orina explained.
In addition, NEMA will gather secondary data from public health records to determine whether residents continue to suffer health impacts from the contamination.
Orina noted that the agency had also gazetted chemical regulations in November last year to guide the establishment of chemical industries and prevent similar environmental disasters.
The meeting, however, took a dramatic turn when pollution victim Khamisi Diyo and renowned environmental activist Phyllis Omido stormed the venue, demanding an immediate end to the proceedings.
The pair accused NEMA of contravening the Supreme Court’s directive by holding the meeting without adequate community consultation.
Despite the disruption, NEMA maintained that it remains steadfast in its commitment to restoring environmental justice.
The agency has scheduled a public baraza tomorrow at Owino-Uhuru to engage directly with residents and address their concerns, with local leaders and stakeholders expected to attend.
