The Environment and Land Court in Mombasa has given the National Environment Management Authority (NEMA) seven days to explain delays in paying compensation awarded to victims of lead poisoning linked to pollution in Owino Uhuru slum.

🇰🇪 Breaking It Down

A court order document obtained by this publication directed NEMA’s Director General to file an affidavit detailing steps taken to settle the award, reasons for the delay and a clear payment plan following the judgment and most recent orders that were issued on June 11.

The court warned that if NEMA fails to comply with the directions, funds held by a bank could be attached and released to the applicants.

“This serves as the absolute final warning. Should the Director General fail to file the mandated Affidavit, or should the parties fail to present a mutually agreed payment structure on the next date, the application to make the Garnishee Order Nisi absolute shall be granted automatically on the return date without further hearing, and the funds held by the Garnishee bank shall be attached and released to the Applicant forthwith,” the orders stated.

📌 What You Need to Know

The court deferred enforcement proceedings on the application to release the funds, giving NEMA and other parties an opportunity to address the outstanding payment issue, noting the need to consider the administrative and budgetary challenges involved before paralysing public funds.

Justice Bellinda Akello said NEMA must provide a clear commitment on how it will settle the amount owed to the victims.

The orders also allow the parties to negotiate and file a consent agreement setting out a payment schedule.

The judge criticised the handling of the proceedings, saying parties had approached a lawful court order with delays and procedural shortcomings.

“This court is constrained to express its displeasure at the utter lack of seriousness, cavalier attitude, and procedural sloppiness exhibited by almost all parties to these proceedings,” the document stated.

The orders come almost two years after the Supreme Court upheld a Ksh1.3 billion compensation award for residents who suffered personal injuries and loss of life due to environmental pollution from a lead-acid battery recycling plant.

📰 Source: Kenyans.co.ke