Supreme Court Upholds Ksh1.3 Billion Award for Uhuru Owino Slum Residents
- by Samuel Mwanawanjuguna on Friday, 6 December 2024 - 1:28 pm
The Supreme Court has ruled in favour of Uhuru Owino slum residents, upholding the award of Ksh1.3 billion for personal injury and loss of life due to environmental pollution caused by a lead-acid battery recycling plant.
The decision follows a lengthy court battle stemming from the claims from the Mombasa residents that they had suffered health problems due to lead poisoning caused by a nearby metal refinery.
"An award of Ksh1.3 billion to the 2ndâ11th appellants was thus made for personal injury and loss of life payable within ninety (90) days from the date of judgment by the 1st appellant and the respondents in accordance with the apportionment of liability set out above," the Supreme Court ruled.
In the ruling released on Friday, the Apex Court affirmed that those responsible for environmental degradation must not only compensate victims but also bear the cost of restoring the damage caused.
âThe polluter must bear the burden of compensating those affected by pollution and also take responsibility for restoring the environment,â the Supreme Court stated.
The court added, "The polluter pays principle underpins the responsibility of polluters to bear the costs of preventing, controlling, and remedying pollution caused by their actions."
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