The Long Fight of a Human Rights Organization Supported by KIOS: Supreme Court Upholds Million-Dollar Compensation for Lead Poisoning Victims in Kenya

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The Center for Justice Governance and Environmental Action (CJGEA), a human rights organization supported by KIOS, achieved a significant legal victory after a prolonged battle. The legal struggle, which began in 2016, finally concluded when Kenya’s Supreme Court upheld million-dollar compensations for the Owino Uhuru community. Residents of the community had suffered health issues due to emissions from a metal smelting plant. The organization’s founder, human rights defender Phyllis Omido, has been fighting for the community’s rights and a healthy living environment for over a decade.

A David vs. Goliath Battle

KIOS has supported CJGEA’s work and followed the community’s fight since 2015. The case’s background was highlighted in earlier news article at our website from 202o, one on the lower court’s decision to award compensations to the community. However, in 2023, the Court of Appeal overturned this decision, creating further challenges in the legal battle.

Phyllis described the fight as a “David vs. Goliath” battle. The opposition included the full legal might of the Kenyan government, with six state entities listed as defendants:

  • The National Environment Management Agency (NEMA)
  • Export Processing Zones Authority
  • Ministry of Environment
  • Ministry of Health
  • The Attorney General
  • County Government of Mombasa

“Although we were fighting against the legal power of the Kenyan state, we knew the case had strong grounds in court. The UN’s decision to recognize the right to a clean and healthy environment as a human right further strengthened our case,” Phyllis explained to us.

A Landmark Precedent

The Supreme Court’s ruling is a landmark precedent that will serve as strong support for similar cases in Kenya. The decision reinforces procedural environmental rights, the right to access information, and public participation. It also emphasizes the right to effective remedies and compensation while holding both governments and companies accountable for the harm they cause to the environment and people. The ruling is a prime example of restorative justice in Kenya.

The fight, however, is not entirely over, as the compensation liability is split between the Kenyan government and the companies responsible for the environmental harm. The next phase involves ensuring that the compensations are actually paid. KIOS will continue monitoring the case and supporting CJGEA in this effort.

KIOS has supported CJGEA’s work and followed the struggle of Owino Uhuru community since 2015.