In the pursuit of justice, few cases are as significant as the Owinouhuru lead poisoning case.
This devastating incident in one of Kenya's largest informal settlements shocked the nation and shed light on the far-reaching consequences of industrial pollution on disadvantaged communities.
The plan, which affected more than 3,000 people, has left myriad families in turmoil and destitute. In 2020, the affected beamed, hoping to get justice, when the Environment and Land Court awarded them Sh1.3 billion as damages.
The court also directed the National Environment Management Authority to clean up the impacts caused by the lead poisoning or pay up to Sh700 million for the exercise to the Centre for Justice Governance and Environmental Action — the organisation that had initiated the case on behalf of the community.
Instead of upholding this judgment, Nema and ilk appealed to the Court of Appeal. This meant that communities had to wait even longer for justice. On Friday, June 23, 2023, the Court of Appeal finally issued the judgment.
After seven years of seeking justice for the Owinouhuru case, the Court of Appeal confirmed that this community's right to a clean and healthy environment had been infringed upon but opted to deny the community half of the compensation that had been issued before. They now have to prove the other half by going back to the Environment and Land Court and litigating the same again.
Additionally, assigning liability to a company that is wound up, left the country without decommissioning the project, and is no longer in this jurisdiction makes us wonder how the same will be realised.
The Court of Appeal decided to be too lenient with the government departments that chose to put the interests of greedy corporations before the public's interest.
The Owinouhuru lead poisoning case dates back to 2016, when it was discovered that a lead battery recycling plant operated by a company called Metal Refinery EPZ Limited in the slum area had been polluting the environment and causing severe health issues among its residents.
This event exposed glaring inequalities, as a multinational company knowingly risked the lives of vulnerable families living in impoverished conditions.
Lead poisoning represents not only an immediate health threat but also a long-term burden. Children are highly susceptible to lead's neurotoxic effects, which can result in irreversible damage to their developing brains and nervous systems.
The contamination affected the community's youngest and most vulnerable members, robbing them of their right to a healthy upbringing. It is a tragedy that will haunt these families for decades.
Seeking justice in the Owinouhuru lead poisoning case is not just about finding individuals to hold responsible; it is about promoting accountability at every level – from the company that operated the plant to the regulators who failed to protect the community. The pursuit of justice will send a powerful message that such corporate negligence and regulatory negligence will not be tolerated in our society.
The case highlights the dire need for corporations to uphold ethical business practices, particularly in vulnerable communities. Owinouhuru serves as a reminder that corporate social responsibility extends beyond empty gestures and should encompass the protection of human rights and the environment.
Lead poisoning, as seen in the Owinouhuru case, is not an isolated incident but a reflection of a larger global issue. It speaks to the urgent need for comprehensive environmental regulations, stricter enforcement, and increased public awareness of the dangers of toxic substances. Justice for Owinouhuru is an opportunity to create a turning point in our commitment to protecting the environment and public health.
One of the critical aspects is evaluating the role of government and regulatory bodies that failed to prevent this devastating event. By emphasising public health, governments must prioritise the establishment and strict enforcement of regulations that prevent pollution, as well as implement comprehensive monitoring systems to detect any potential dangers promptly.
Achieving justice in the Owinouhuru lead poisoning case requires a multidimensional approach to social change. Empower affected communities through education, legal support and advocacy for their rights. Tackling environmental injustice requires addressing systemic issues and challenging power dynamics perpetuating harm in marginalised communities.
The Court of Appeal let go an opportunity to hold all responsible parties accountable, demand stricter regulations and foster social change to prevent such incidents from occurring again.
Our collective responsibility is to ensure that the victims receive justice and to work towards a future where all individuals can live safely and in dignity, free from the fear of industrial pollution.
The community now has a decision to make, whether they go back to the ELC or try to attain justice in the Supreme Court. But the court of public opinion has already heard and held in favour of the people of Owinouhuru.
