Owino Uhuru residents rights violated, Court told

Owino Uhuru residents follow proceedings at the Mombasa High Court before high court judge Justice Anne Omollo. The residents are suing the national government for compensation for those affected by lead poisoning caused by a smelting plant in Jomvu constituency. [Photo by Kelvin Karani/Standard]

The fundamental rights of Owino Uhuru residents in Jomvu constituency were violated through suffering from lead poisoning, a High Court in Mombasa was told.

The residents, through their lawyer, Charles Onyango, have sued directors of a defunct battery factory they believe exposed them to lead poisoning, for compensation.

“The lead smelting factory was situated near a human settlement and affected the health of residents,” he said.

Mr Onyango told Justice Anne Omollo that workers of the Export Processing Zones Authority factory were also within the area, affected by the lead pollution.

Justice Omollo directed the parties to file a response and their submission within 14 days.

She set the ruling on the matter on April 27 at court number two.

Onyango told the court he was ready to make submissions and bring witnesses to testify arguing that his clients are bonafide owners of the land on which they live.

He complained that the petition was filed through a newspaper advertisement yet majority of Kenyans have no access to the same.

The lawyer caused laughter when he told the court the price of a newspaper is equivalent to the cost of a packet of maize flour.

He defended his application saying there will be no harm if his clients are included in the main suit.