Owino Uhuru lead poisoning victims face fresh wait as court sets compensation deadline

The Owino Uhuru community in Mombasa is still waiting for compensation over lead poisoning, with the Environment and Land Court directing the National Environment Management Authority (NEMA) and the National Treasury to pay at least 10 per cent of the compensation amount by December 15, 2026.

The latest directions offer a new deadline in a compensation dispute that has dragged on for years, despite court judgments ordering payment to victims of lead pollution.

In directions issued on October 12, the court also ordered NEMA to file a payment plan covering the full compensation amount before the next mention date, scheduled for January 18, 2027.

The court warned that failure to comply with the partial payment directive would attract penal orders against NEMA, the National Treasury and their leadership in their personal capacities, according to the Centre for Justice Governance and Environmental Action (CJGEA).

However, the ruling stopped short of granting the garnishee order absolute that the community and its legal representatives had sought to facilitate recovery of funds held in NEMA’s bank accounts.

CJGEA said it was disappointed that the order had not been issued, arguing that it would have enabled the recovery of funds towards compensating the affected residents.

The organisation said the respondents had previously been ordered to pay compensation within 90 days of the Environment and Land Court judgment delivered on July 16, 2020, and a subsequent Supreme Court judgment delivered on December 6, 2024.

Despite those decisions, the community had not received any compensation as of October 12, according to CJGEA.

The organisation said it was consulting its legal team to assess the latest ruling and determine the next steps, while engaging the community on the way forward.

The Owino Uhuru case centres on lead pollution that harmed residents of the Mombasa settlement. The latest court proceedings concern enforcement of the compensation orders rather than a fresh determination of the underlying pollution dispute.

For affected residents, the immediate question is whether the institutions directed by the court will meet the December deadline and present a credible plan for settling the full amount.

The January 18, 2027 mention will provide a further opportunity for the court to consider compliance and give directions on the outstanding garnishee application.

CJGEA said it remained committed to pursuing accountability and a remedy for the community.

For Owino Uhuru residents, however, the latest directions leave the long-running compensation process dependent on the next steps taken by the responsible institutions.