Kenya Pipeline ordered to pay Sh3.8 billion to Thange residents for 2015 oil spill
The court further allocated Sh2.25 million as compensation for 15 individuals who had died from liver and kidney complications believed to be caused by oil poisoning by the time the petition was filed in 2019.
After a long wait, relief finally came for over 3,000 residents of Thange in Makueni County as the Environment and Lands Court ordered Kenya Pipeline Company (KPC) to pay Sh3.8 billion in compensation for the damage caused by an oil spill that occurred in 2015 and polluted River Thange.
In a judgment delivered by Justices Christine Ochieng, Theresa Murigi, and Annette Nyukuri, the court awarded Sh2.9 billion to 3,075 residents whose health and lives were severely affected by the spill.
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KPC was also directed to pay Sh900 million to the National Environmental Management Authority (NEMA) to facilitate the clean-up and restoration of the polluted river basin.
The court found that both KPC and Nema had violated the residents' rights to a safe environment, dignity, life and access to information, saying the two entities failed to prevent the disaster and did not respond in time.
In reaching their decision, the judges considered witness statements from affected residents, responses from KPC and NEMA, and similar environmental pollution rulings from around the world.
KPC had attributed the spill to corrosion in a section of the Mombasa–Nairobi oil pipeline that runs through the area. However, the court criticised the agency for ignoring residents’ repeated complaints about visible corrosion for at least five years before the incident occurred.
“The respondents have breached their constitutional obligations in respect to safeguarding the environment,” the judges ruled.
The court also dismissed earlier compensation efforts made by KPC, where the company said it had paid Sh38 million to 342 households through signed discharge vouchers. The judges declared the vouchers invalid, saying affected families had not been given enough information to make proper decisions.
“The discharge vouchers signed by the petitioners for crops and livestock are unconstitutional, null and void and hereby set aside. The first respondent is hereby ordered to pay the petitioners Sh3,800,831,676 in assorted damages. The above sum shall be paid within 120 days of this judgment. Each party should bear its own cost of the petition,” Justice Ochieng said.
The court further allocated Sh2.25 million as compensation for 15 individuals who had died from liver and kidney complications believed to be caused by oil poisoning by the time the petition was filed in 2019.
Responsibility was shared between the two institutions, with the court placing 80 per cent of the blame on KPC and 20 per cent on Nema.
KPC was also ordered to carry out a full environmental restoration of the affected area within four months and file a report with the court once complete.
“An environmental restoration order is hereby issued requiring the first respondent to restore the petitioners’ damaged land, soil, surface and underground water, the environment (biota and fauna) and the entire Thange basin riparian habitat to its original status and the satisfaction of this court within 120 days from the date of this judgement and file a report in court,” the judges ruled.
There were scenes of celebration outside the courtroom as residents cheered the ruling. “After a long wait, justice has been delivered,” said Muindi Kimeu, the lead petitioner.
“This is a major victory for the people of Thange, the country and the environment. It is a strong statement against those who pollute the environment,” said lawyer Kamau Muthanwa, who represented the petitioners.
Makueni Senator Daniel Maanzo, who was present during the ruling, said the outcome had restored confidence in the justice system and gave hope to another group of residents with a similar case against KPC.
The judgment comes after months of pressure from local leaders and the Senate Energy Committee, which visited the affected site. Following the visit, Nema issued fresh orders requiring KPC to return to Thange, fence off the contaminated area, and provide residents with clean water and food during the clean-up process.
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