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The polluter must compensate those affected by pollution and take responsibility for restoring the environment - Kenya Supreme Court

Ruling of the case led by the Centre for Justice Governance and Environmental Action (CJGEA) on 6 December 2024: The Supreme Court upheld the Sh2 billion compensation for Uhuru Owino slum residents affected by environmental pollution, ruling that those responsible for environmental degradation must not only compensate victims but also cover the cost of restoring the damage. The case was against the Metal Refinery Limited, an Export Processing Zone (EPZ) factory that began operations in 2006. According to CJGEA, nearly 90 per cent of Owino-Uhuru residents tested positive for lead poisoning in a sample of 800. More than 300 children and 50 adults have died from the effects of lead poisoning since 2010. Additionally, more than 60 children are in urgent need of medical attention due to the lead contamination.

“The polluter must bear the burden of compensating those affected by pollution and also take responsibility for restoring the environment,” the Supreme Court said.

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