Poisoning victims cry foul as Nema roll out clean-up plan

Activist Phyllis Omido (centre) with Owino Uhuru residents outside the Mombasa High Court in Mombasa County on Thursday 16th May 2018. An application from other slum dwellers to be enjoined in the compensation case was dismissed by the court. However the court is expected to hear the case tomorrow on May 17 on the issue of compensation to the Owino Uhuru residents who are said to have been affected by the lead chemical. [Photo/Kelvin Karani] A State agency has announced a plan to start the cleaning up the Owino Uhuru slum, which was affected by lead poisoning from a battery acid processing plant. The National Environment Management Authority (Nema) yesterday said it would follow orders of the Supreme Court issued in December. The court also directed that residents affected by lead poisoning receive a compensation of Sh1.3 billion. The court also awarded Sh700 million for environmental cleanup. Nema Compliance Director Robert Orina said experts from the Government Chemist and universities will be deployed within one week to assess the level of pollution. He said following the court ruling, Nema has come up with regulations on chemical industries and formed a task force that includes experts such as Government Chemistry. "The assessment will include collecting samples from the soil, leaves and water for laboratory test before the remediation before issuance of an environment impact assessment licence," he said at a meeting in Jomvu. He said without the licence, Owino Uhuru cannot be subdivided for the settlement of residents and no development such as schools or dispensaries can take place because the village will still considered polluted. He said if the experts discover high levels of pollution, the soil will be replaced to prevent further health effects on residents. Orina said Nema was still within the timeline of four months given by the court. But the residents and the Centre for Justice Governance and Environmental Action (CJGEA) threatened to move to court over delays, accusing Nema of unwillingness to carry out the exercise. The residents also declined to attend a meeting called by Nema outside the village, claiming it was meant to intimidate them. "We were surprised to be told by the chief that the meeting was at Mataa ya Ndege and not at Owino Uhuru where the victims are. We refused to go there," said Wilfred Kamenchu. Another resident, Stephen Okello, said many of them are still nursing the effects of the poisoning, protesting at the government delay to compensate them and clean up the area CJGEA Director Phyllis Omido, who helped the victims sue the government and other entities, claimed Nema called the meeting at Mataa ya Ndege where there is a General Service Unit camp to intimate the victims and hinted at moving to court. "Mataa ya Ndege is a different community from that of Owino Uhuru and we have nothing to do with it. The meeting was convened there to intimate the victims," she argued. She claimed about 400 residents have so far died from the effects of the poisoning. Omido criticized Nema for its handling of the crisis, highlighting that the Supreme Court found Nema bearing the greatest responsibility for the pollution. "This is yet another example of how Nema disregards the people it is supposed to protect," she said. Owino Uhuru residents and CJGEA sued Export Processing Zones Authority, Ministry of Environment, Water and Natural Resources, the Ministry of Health, Nema, Metal Refinery Ltd, and Penguin Paper and Book Company Ltd for compensation. Metal, which has since closed operations, was a battery acid recycling plant. But Nema allayed fears, saying the planned meeting was part of the preliminary engagement with locals ahead of a comprehensive assessment. Orina dismissed claims of intimidating the residents as propaganda, saying they were keen to fully comply with the court ruling within the timeline. Jomvu MP Badi Twalib commended Omido for being at the frontline in the legal battle against the lead pollution and the Sh2 billion award to residents. Twalib noted that he has since brought the National Assembly Departmental Committee on Health and Environment for a fact-finding mission at Owino Uhuru. The team recommended soil restoration due to contamination that caused severe health issues including death, skin diseases, loss of sight and infertility. Twalib urged the government to release the compensation to CJGEA to facilitate the cleanup. "Omido has kept me informed of every step of the way, unlike Nema which has just surfaced after years of inaction. The government must stand by its people and ensure justice for the residents of Uhuru Owino," he said. But Jomvu Kuu MCA Jacktone Madialo defended Nema's efforts, urging residents to collaborate with the organisation so that the slum can become habitable. "Nema needs to certify the area as habitable so that the Mombasa County government can proceed with land subdivision and the issuance of title deeds to residents," he said.

Poisoning victims cry foul as Nema roll out clean-up plan

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