The Kenya Pipeline Company (KPC) has been ordered to pay a staggering Sh3.02 billion in compensation after the Environmental and Land Court in Makueni found it liable for a major oil spill that polluted the Thange River basin in Makueni County.
In a judgment delivered in consolidated petitions No. 8, 9 and 12 of 2019, the court ruled that KPC was the principal polluter in the May 12, 2015, petroleum leakage incident, which occurred approximately 50 metres from the source of the Thange River during transportation of oil products.
KPC was slapped with Sh2.12 billion in damages and an additional Sh900 million for environmental restoration. The court apportioned liability between KPC and the National Environment Management Authority (NEMA), which was found to be 20 percent liable as a secondary polluter, while KPC bears 80 percent of the responsibility.
The case was filed by Muindi Kimeu and others, residents of the affected area, who accused the state-owned oil transporter and the environmental regulator of gross negligence and violation of constitutional rights, including the right to a clean and healthy environment.
In a strongly worded judgment, the court affirmed the duty of business enterprises to respect human rights and the obligation of the state to protect them, stating that both had failed to prevent environmental harm and protect affected communities.
Key Orders and Findings:
- The court declared that the petitioners’ constitutional rights under Articles 26, 29(d), 35, 40, 42, 43(1)(a)(c)(d), and 47 had been violated and continue to be contravened.
- It ordered KPC to carry out full environmental restoration of the land, water sources, biodiversity, and riparian ecosystem within 120 days, failing which the company will pay Sh900 million to NEMA to undertake the restoration.
- Discharge vouchers previously signed by the petitioners in settlement of compensation for crops and livestock were declared unconstitutional, null and void.
- The petitioners were awarded:
- Sh28 million for loss of domestic water
- Sh553.5 million for violation of constitutional rights
- Sh23.6 million for loss of income from land use, crops, and fruit
- Sh225 million for livestock losses
- Sh198.15 million for future medical treatment
- Sh815.15 million for pain, suffering, and loss of amenities
The total payout amounts to Sh3,018,831,676, making it one of the largest environment-related compensations ever issued in Kenya.
The ruling serves as a landmark precedent on corporate environmental responsibility and state regulatory oversight, reinforcing the constitutional guarantees on environmental protection and public health.
