Superior Court Order Kenya Pipeline Company to pay KSH 200M to the 2016 Petroleum Spillege victims

• Miiasenyi-Majengo Mapya residents in Taita Taveta County
• The court ruled that KPC had the duty to maintain its infrastructure to prevent environmental damage and health risks, and its breach was equivalent to serious negligence
• Judge Edward Wambwoto acknowledged that the spill significantly devalued the properties in the affected areas and caused irreversible environmental and social damage

Elijah Ntongai, journalist from Tuko.co.KE, has more than four years of financial, businessand technology research and reporting experience, providing information on Kenyan and global trends.

Residents of mianyi-majengo mapya in Taita taita county They are configured to receive compensation for damage caused by an oil spill in 2016.

The Superior Court of VOI ordered the Kenya Pipeline Company (KPC) to pay KSH 200 million to residents for damage caused by an oil spill that resulted from an explosion of pipes in November 2016.

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“The Kenyan pipeline had a duty to ensure that its infrastructure was well maintained to avoid environmental damage and health risks. The fact of not doing so constitutes serious negligence, ”the court ruled.

Why were Taita residents compensated?

The affected residents, led by Martha Mwakia, Gladys John, Bernard Deghua, Jane Masano and Cyril Mwavandu, argued that the oil spill caused their lands to be infertile and disableable.

They sought compensation, stating that the spill affected more than 150 villages, destroying crops and causing respiratory diseases such as cough, flu and asthma among community members.

The petitioners also argued that the ground remains permanently infertile due to pollution. In addition, they affirmed that gusts of gusts often lead to oil to filter into drinking water, exposing it without knowing it to residents to health risks.

The plaintiffs told Judge Edward Wambwoto that the oil spill left a toxic atmosphere with a persistent spicy smell, which worsens during the night, the rainy seasons or when the wind blows, which leads to continuous respiratory difficulties.

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Judge Wambwoto ruled that the spill had significantly devalued the properties in the affected areas and caused irreversible environmental and social damage.

“This Court will carry out an award of KSH 200,000,000, which considers reasonable compensation to the plaintiffs (residents) for the damages they suffered,” said the judge.

The 429 residents had initially sought KSH 1.93 billion in compensation. However, the Court rejected the request of the residents of an order that forced KPC to implement permanent rehabilitation and restoration measures, stating that the evidence presented indicated that such measures had already been made.

KPC listed the restorative actions it had taken, including oil recovery efforts through soil monitoring, reduction of hydrocarbons levels to less than 200 liters and performing weekly cleaning exercises between November and December 2016.

In addition, the state corporation said it carried out a baseline sampling report to evaluate the scope of the spill in terms of depth and geographical extension.

OTUKHO Jackson Crepe, multimedia journalist and copies editor at Tuko.co.KE

Source: Tuko.co.KE