The National Environment Management Authority (NEMA) has suffered a legal setback after the Environment and Land Court in Mombasa dismissed its application seeking to overturn a Sh700 million award for environmental restoration linked to lead poisoning in Mikindani.
The ruling delivered virtually by High Court Judge Yuvinalis Maronga Angima upheld earlier findings against the state agency, dealing a blow to its attempt to challenge the compensation tied to pollution caused by a battery smelting plant.
The application had sought to overturn part of a Supreme Court decision ordering compensation for environmental cleanup following contamination attributed to a lead-acid battery recycling factory operated by Metal Refinery (EPZ) Limited.
Centre for Justice, Governance and Environmental Action Chief Executive Officer Phyllis Omido welcomed the decision, with the ruling offering relief to affected residents who have long pursued justice over the pollution.
In his 12-page judgment, Justice Angima found that NEMA’s notice of motion was not properly grounded, stating that the application was “unrelated as a consequence” and therefore could not stand. He dismissed the application and reiterated that, in principle, a successful party is entitled to costs unless the court directs otherwise.
The case centres on the environmental and public health impact of toxic emissions from the factory located in Mikindani, Mombasa County. Residents had accused the plant of releasing hazardous waste that resulted in widespread lead poisoning, serious health complications and multiple deaths.
In a landmark 2020 judgment, the court found that NEMA, alongside other state agencies, had failed in its duty to enforce environmental safeguards, allowing the factory to continue operating despite clear evidence of harm.
The court subsequently awarded Sh1.3 billion in damages for loss of life and personal injury, in addition to Sh700 million earmarked for environmental restoration.
The Court of Appeal later reviewed the matter, adjusting the distribution of liability and revising the damages awarded, but the core findings on environmental negligence remained intact.
