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The National Treasury and NEMA have until December 15 to pay Sh200 million out of the Sh2 billion compensation awarded to lead poisoning victims of Owino Ohuru in Mombasa County.
Justice Belinda Akello ordered the Treasury and National Environment Management Authority (NEMA) to pay 10 per cent of the Sh2 billion within 53 days.
The judge said that failure to pay the said Sh200 million will attract penal orders against NEMA and the Treasury and the leadership of the two offices.
Justice Akello directed NEMA to file a payment plan for the full decretal amount of Sh2 billion by the next mention date in January.
“The 4th Respondent (NEMA) and the Treasury are hereby directed to pay at least 10 per cent of the decretal amount by December 15, 2026; failure to do so will attract penal orders to both institutions and their leadership personally,” said Justice Akello.
The Attorney General (AG) said that the amount will be factored into the supplementary budget of 2025/26.
AG’s Counsel Kimai said that the government was willing to pay the said sh2 billion under the supplementary budget of 2025/26.
He said that the promise made by the state to pay in August 2026 had already been overtaken by events.
“The issue that the government is not willing to pay is not real. They have not considered how the budget is budgeted for. The payment for August is in the Financial Year 2025/26, which has been overtaken by events. During the Supplementary Budget of 2025/26 is when the money will be made.” Said Kimei.
Owino Ohuru lawyer Charles Onyango accused the state of refusing to pay the said monies despite promises to pay by August 2026.
Onyango applied to the court to order the State to pay the said amount to the victims who suffered immensely from the lead poisoning from a lead battery company that operated in the slums of Owino Ohuru.
“The State said that we will get the money in August, but as of August, no money has been paid. We seek the court to direct them to pay,” said Onyango.
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The metal refinery company that belonged to a local politician operated in Owino Uhuru between 2007 and 2014. The facility discharged untreated hazardous lead effluent into open trenches and released toxic lead dust into the air.
As a result, over 400 people died, leaving over 3000 with chronic respiratory illnesses, neurological damage in children, and permanent organ injuries.
On December 6 2024, the Supreme Court held that NEMA, the Export Processing Zones Authority (EPZA), and relevant ministries were guilty of regulatory negligence by issuing licenses without environmental impact assessments or public participation
The Apex Court ordered a payment in damages amounting to sh. 2 billion under the polluter-pays principle.
The SC ordered that Sh1.3 billion be directed towards direct compensation for personal injuries and loss of life to 450 affected households and Sh700 million be used specifically for a judicially supervised cleanup and restoration of the Owino Uhuru ecosystem.
Failure by the State to pay the said sum led to the temporary freezing of NEMA’s bank accounts by the Environment and Lands Court in June 2026. The freeze order was later lifted to allow NEMA to offer a definitive payment plan.