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Article

14 Oct 2019

Author:
Center for Justice Governance and Environmental Action

Kenya: A progress report on class action lawsuit against Metal Refinery EPZ for alleged pollution leading to deaths

"The Owino Uhuru class action suit progress report: From 2016-2019"

In February 2016, Centre for Justice Governance and Environmental Action, through its legal team, helped the people of Owino Uhuru to file a class action suit against the Lead smelter proponents and state agencies involved in approving its licensing to operate within Owino Uhuru. The class action litigation , which is supported by the partnership of the Office of the High Commissioner for Human Rights (OHCHR) seeks to challenge the responsibility of the state and non-state actors towards the protection of the right to a clean, healthy and sustainable environment as stated in Article 42, 69 and 70 of the Kenyan constitution 2010. The Petitioners want a declaration made stating that their right to life was violated by the actions of the respondents and also want the respondents to cater for the environmental remediation of the area so as to get rid of the lead as well as finance their treatment which is very costly. The case is still ongoing and this report gives an account of the proceedings in the Class action suit.