WOTE,MAKUENI
By Daniel Kituku
Kenya Pipeline Company (KPC) and the National Environment Management Authority (NEMA) were today ordered to pay a total of Kes. 3.8 billion in compensation for environmental destruction at Thange River in Kibwezi East, Makueni County.
It is the consequence of a massive oil spill in 2015 that the two state agencies have wished away, resulting in death and a destroyed ecology of Thange village.
A three judge bench of the Environment and Land Court comprising Lady Justice Christine Ochieng, Lady Justice Theresa Murigi, and Lady Justice Annette Nyukuri ruled that Kenya Pipeline Company was the Principal Polluter while the National Environment Management Authority (NEMA) was declared second polluter, a striking ranking for the firm charged with protecting citizens against pollution.
The judges ruled in favor of the 3,075 petitioners comprising of Thange farming society.
The petitioners had sued KPC and NEMA for compensation over the ecological, death, and health damages caused by the petroleum leak that both organisations have procrastinated about since it occurred around 2015.
The court made the epic judgement at Wote, Makueni County, to the jubilation of the villagers and Governor Mutula Kilonzo, who has been vocal in seeking compensation to those affected.
Consequently, the principal Polluter- Kenya Pipeline will bear 80 percent of the total liability. NEMA was held liable for 20 percent, having failed in its constitutional oversight mandate.
In addition, the court issued a restoration order requiring Kenya Pipeline to pay Kes. 900 million to NEMA for the rehabilitation of contaminated soil, water sources, and riparian land- which will be a Herculean task.
The specific awards granted to the petitioners are as follows:
- Loss of domestic water: Kes. 28,059,378.00
- General damages for violation of constitutional rights: Kes. 553,500,000.00
- Loss of income for land use: Kes. 23,576,948.00
- Loss of livestock: Kes. 225,000,000.00
- Future medical treatment: Kes. 198,150,000.00
- Damages for pain and loss of amenities: Kes. 815,150,000.00
- Loss of life (15 victims): Kes. 250,000,000.00
- Cost of borehole: Kes. 5,000,000.00
- Special damages and laboratory tests: Kes. 6,916,500.00
- Fees for livestock assessment: Kes. 11,228,850.00
- Punitive damages: Kes. 250,000,000.00
- Damages for environmental restoration: Kes. 900,000,000.00
The court ruled that each party shall bear its own legal costs.
The Anchor will provide full updates on this matter going forward.
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