Kenya Pipeline Company (KPC) has been ordered to pay Sh3.8 billion to over 3,000 residents of Thange, Makueni County, for the suffering caused by a major oil spill that occurred in 2015 and polluted River Thange.

In a detailed ruling delivered by a three-judge bench of the Environment and Lands Court, Justices Christine Ochieng, Theresa Murigi and Annette Nyukuri awarded Sh2.9 billion to 3,075 residents whose lives and health were severely affected by the spill.

The court noted that the residents had endured a range of health issues, including liver and kidney problems, due to exposure to the contaminated water.

In addition to the compensation to the victims, the judges directed KPC to deposit Sh900 million with the National Environmental Management Authority (Nema) to support the restoration of the River Thange basin, which remains heavily polluted nearly a decade after the spill.

The court found that both KPC and Nema had violated the residents’ rights to a clean and safe environment, dignity, life, and access to information by failing to prevent or address the environmental disaster in time.

To support its decision, the bench relied on the petitioners’ testimonies, KPC’s and Nema’s submissions, and similar cases from around the world on environmental damage and corporate responsibility.

KPC had attributed the oil spill to corrosion in the Mombasa–Nairobi pipeline, which passes through the affected region.

However, the judges noted that residents had warned about visible corrosion on the pipeline as early as five years before the spill, but both KPC and Nema failed to take any action.

“The respondents have breached their constitutional obligations in respect to safeguarding the environment,” the judges stated.

The court also faulted KPC for attempting to settle the matter through discharge vouchers issued to 342 households, which had received Sh38 million in compensation.

The judges nullified the discharge vouchers, stating that affected residents were not provided with sufficient information to make informed decisions.

“The discharge vouchers signed by the petitioners for crops and livestock are unconstitutional, null and void and hereby set aside. The first respondent is hereby ordered to pay the petitioners Sh3,800,831,676 in assorted damages. The above sum shall be paid within 120 days of this judgement. Each party should bear its own cost of the petition,” said Justice Ochieng.

Of the total compensation, Sh2.25 million is meant for 15 individuals who were confirmed to have died from liver and kidney complications believed to be linked to oil contamination by the time the petition was filed in 2019.

Liability between the two respondents, KPC and Nema, was apportioned at 80 percent and 20 percent respectively.

The court further issued an environmental restoration order requiring KPC to clean up and rehabilitate the affected land and water sources in the Thange basin. The clean-up must be completed within four months.

“An environmental restoration order is hereby issued requiring the first respondent to restore the petitioners’ damaged land, soil, surface and underground water, the environment (biota and fauna) and the entire Thange basin riparian habitat to its original status and to the satisfaction of this court within 120 days from the date of this judgement and file a report in court,” ruled the judges.

Following the judgement, the courtroom erupted in celebration as residents welcomed the long-awaited decision.

“After a long wait, justice has been delivered,” said Muindi Kimeu, the lead petitioner.

“This is a major victory for the people of Thange, the country and the environment. It is a strong statement against those who pollute the environment,” said Kamau Muthanwa, the petitioners’ lawyer.

Makueni Senator Daniel Maanzo, who was present in court, described the ruling as a sign of hope for another group of Thange residents who have also filed a separate petition over the same issue.

The court's verdict comes as Nema recently directed KPC to return to Thange and complete the clean-up following pressure from local leaders and the Senate Energy Committee, which toured the area last month.

In the order seen by Nation, Nema instructed KPC to fence off the affected area and ensure a steady supply of clean water and food to the residents.