Owino-Uhuru residents challenge NEMA’s pollution cleanup efforts
The move has ignited strong opposition from activists and locals, who argue that the process is neither transparent nor adequately structured to address long-standing environmental concerns.
The National Environment Management Authority (NEMA) has begun efforts to clean up pollution in Owino-Uhuru, Mombasa, following a Supreme Court directive.
However, the move has ignited strong opposition from activists and locals, who argue that the process is neither transparent nor adequately structured to address long-standing environmental concerns.
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The legal battle over pollution in Owino-Uhuru dates back to 2016, when residents took the matter to court, citing serious health issues linked to industrial contamination.
The dispute revolves around a lead-acid battery recycling plant established by Metal Refinery (EPZ) Limited in 2006.
The factory, located on a plot leased from Penguin Paper and Book Company Limited, was accused of releasing toxic waste into the surrounding community, leading to severe cases of lead poisoning and multiple fatalities.
For years, residents, supported by the Center for Justice Governance and Environmental Action (CJGEA), have been fighting for justice, demanding the cleanup of their environment and accountability from those responsible.
Their efforts led to a ruling by the Mombasa Environment and Land Court, which ordered a comprehensive remediation of the affected area. The Supreme Court later upheld this decision, mandating NEMA to oversee the removal of contaminants from the soil and water. Should the agency fail to execute the cleanup, a Sh 700 million fine would be imposed, with CJGEA tasked with implementing the restoration instead.
During Wednesday's meeting at the Mombasa County Commissioner’s Office, NEMA’s Legal Director, Erastus Gitonga, announced that the cleanup process had commenced and that a preliminary report had been submitted to the court.
Delay justice
He expressed frustration over resistance from certain groups, stating that attempts to derail the process could further delay justice for affected residents.
“This case highlights the disastrous effects of unchecked industrial pollution on public health. We are committed to ensuring that the court’s ruling is implemented fully and that all stakeholders are involved in restoring the environment,” said Gitonga.
Robert Orina, NEMA’s Director of Environmental Enforcement and Compliance, detailed the agency’s approach, explaining that they had engaged all parties involved in the case to determine the most effective way to proceed with remediation. He noted that environmental assessments would be carried out to establish the current state of contamination, as pollution levels naturally shift over time.
“Our investigations will involve soil sampling, water testing, and vegetation analysis to understand the extent of pollution. Additionally, we will review public health records to determine whether people are still experiencing lead-related illnesses,” Orina added.
In an effort to prevent similar disasters in the future, NEMA introduced new regulations in November last year to enhance the oversight of chemical industries and their waste disposal practices.
Despite the agency’s assurances, tensions flared at the meeting when Khamisi Diyo, a key witness in the case and pollution survivor, accompanied by CJGEA founder and environmental activist Phyllis Omido, stormed in and demanded that the session be halted. They accused NEMA of conducting the meeting in violation of the Supreme Court’s ruling and dismissed the process as illegitimate.
Although the confrontation disrupted proceedings, NEMA remains determined to continue its work. The agency has scheduled a public forum in Owino-Uhuru, where residents and local leaders will have the opportunity to voice their concerns and receive updates on the cleanup process.
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