Court declines to award Sinai fire victims Sh25 billion compensation

Sinai fire victims have suffered a blow after the court declined to award them Sh25 billion compensation from the Government.

Judge Edward Muriithi told the Nairobi's Sinai slum victims to file a proper suit in which each one of them will prove his individual loss.

"It is unnecessary to decide whether the claimants may recover personal injury damages through a constitutional law as there is already a procedure in common law and statute through which the matter may be conveniently and full resolved," court ruled.

Justice Muriithi noted that the duty of the National Environment Management Authority (NEMA) is to ensure that persons living in the said slums settlements enjoy the rights to clean environment, health and housing in order to live in dignity which is the object of constitutional guarantee.

"As part of slum upgrading and relocating the dwellers program, the persons living in the slums may be removed subject to adequate and reasonable notice," Judge Murithi ruled.

In the suit, Kenya Pipeline Company, Kenya Power, the City Council of Nairobi, and the National Environment Management Authority were key respondents.

Judge Muriithi directed the respondents to include Sinai settlement as part of its 'Slum Upgrading and Prevention with Liberty programme to relocate them or otherwise compensate the person's residing there in order to clear the Kenya Pipeline way.

In the meantime the respondents have been directed to provide such services to the people residing in Sinai slums as a necessity for enjoyment of their rights to health, sanitation, adequate housing and dignity in accordance with the Urban Areas and Cities Act 2011.

The victims' petition was filed by Nairobi Senator Mike Sonko, the then Makadara MP. He wanted the court to compel the State to award damages to the victims of the September 2011 fire tragedy which left many with permanent scars.

Over 300 residents drawn from Hazina, Mukuru Kayaba, Tetra Pack and Sinai stated how they have resided in the area for over 40 years and were victims of negligence by companies which do not want to follow industrial and NEMA laws.

On July 2014, the victims wrote a proposal to the Attorney General asking for settlement of the matter outside the court.

Through their lawyer Lydia Kwamboka, the victims told the court that the proposal seeks to give them leeway to negotiate the amount they should be compensated.

More than 100 people died in the slum fire on September 12, 2011, following an oil spill from the Kenya Pipeline Corporation.

On October 23, 2013, the survivors became anxious over delayed hearing of their compensation case despite filing all the necessary documents.