Victims of lead poisoning in Owino Uhuru slums of Chagamwe, Mombasa County have been dealt a blow in their pursuit for the Sh1.3 billion compensation awarded by the court in July of this year.
This after the office of the Attorney-General indicated it would appeal the landmark ruling by the Environment and Land Court.
Through a notice of appeal, the AG’s office said it is aggrieved with the award and will be seeking to have it overturned by the Court of Appeal.
“Take notice that the AG being dissatisfied with the whole decision of the Environment and Land Court, intends to appeal to the Court of Appeal against the same,” the notice reads.
Environment and Land Court Judge Ann Omollo on July 16 ruled that the State should settle 70 per cent of the award after finding its agencies(NEMA, Environment and Health Ministries) failed to discharge their duties.
Metal Refinery (EPZ) Ltd, being the direct source of the poison, was ordered to pay 25 per cent of the total amount while Penguin Paper and Book Company was supposed to pay the remaining five percent for leasing out its land to the smelting factory.