High Court orders Kenya Pipeline to pay Sh200m to Taita Taveta residents for oil spill damage
The petitioners said the oil spill tampered with the soil and its impact still persists since the soil is now completely infertile.
The High Court in Voi has ordered the Kenya Pipeline Company (KPC) to pay Sh200 million to residents of Miasenyi- Manjengo Mapya in Taita Taveta County as compensation for their lands destroyed by oil that spilt into their homes after the KPC's pipe burst in November 2016.
The residents led by Martha Mwakia, Gladys John, Bernard Deghua, Jane Matano, and Cyril Mwavandu had argued that the oil had rendered their lands unusable and sought compensation.
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They claimed that the pipeline burst, spilling volumes of oil, thereby affecting more than 150 villages since the oil spilt over and spread to the farms, destroying all the crops, consequently leading to the residents experiencing respiratory diseases like coughing, flu and asthma.
The petitioners said the oil spill tampered with the soil and its impact persists since the soil is now completely infertile.
Additionally, whenever water pipes burst, oil spills into the drinking water, which in most instances has led to people unknowingly using drinking and washing contaminated water, leading to drastic effects in terms of health on members of the community.
The plaintiffs had told Justice Edward Wambwoto that the oil spill left a toxic and poor air quality with a persistent pungent smell, which gets stronger whenever it rains or at night when it is cool or when the wind blows, and the same causes congestion and persistent breathing problems as the air is polluted.
"It was also averred that the oil spill resulted in property value reduction based on the high magnitude of the oil spill and in essence affecting the entire spectrum of properties in the area exposed to the oil spill pollution by causing extensive damage to the ecology with many of the environmental and social consequences of the oil spillage now irreversible," stated the judge.
"This court will make an award of Sh200,000,000 which it considers reasonable and adequate compensation to the plaintiffs (the residents) being the residents of Miasenyi - Majengo Mapya village for the damages they suffered." The 429 residents had sought Sh1, 930, 500,000 as compensation.
The residents had also sought orders compelling the KPC to implement permanent rehabilitation and restoration of the Miasenyi and Majengo Mapya Village lands and ecosystems.
However, Justice Wambwoto said from the evidence tendered in court, "it was evident that the same had already been undertaken and as such it would be not necessary to grant the said relief".
KPC had also listed restorative measures it had taken, including recovery of petroleum products through digging ditches that were used for monitoring ground activity and recovering any petroleum product that had soaked into the ground.
Others include monitoring of the hydrocarbon levels which were reduced to less than 200 litres and eventually stopped with the onset of the rains, and conducting weekly clean-up exercises on the site from November 20 to December 17, 2016.
The state corporation also undertook a baseline sampling report to delineate the extent of the spill in terms of depth and geographical distance of the plume.
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