A pool showing contaminated water at the basin of River Thange in Makueni. Photo by Andrew Mbuva 
By Andrew Mbuva
In a groundbreaking ruling that could reshape the landscape of environmental justice in Kenya, the Environmental and Land Court sitting in Makueni has delivered a powerful verdict in favor of Thange residents.
The community has been awarded a staggering KSh 3.8 billion in compensation and restoration costs following the devastating 2015 oil spill caused by the Kenya Pipeline Company (KPC).
A three-judge bench comprising Lady Justice Christine Ochieng (Presiding), Lady Justice Teresia Murugi, and Lady Justice Annete Nyukuoi found that the residents had convincingly proved their case against both the Kenya Pipeline Company and the National Environment Management Authority (NEMA).
The court ruled that their constitutional rights had not only been violated but continued to be infringed upon, nearly a decade after the oil spill poisoned their environment, livelihoods, and health.
The judgment declared that the rights of the Thange residents as enshrined under Articles 26, 29(d), 35, 40, 42, 43(1)(a, c & d), 47, and 69 of the Constitution had been breached.
The court emphasized that the respondents had failed in their constitutional and statutory duties to safeguard the community’s right to life, dignity, clean and safe water, a healthy environment, health services, and property.
In one of the most far-reaching components of the ruling, the court issued an environmental restoration order compelling KPC to rehabilitate the contaminated land, soil, surface and underground water, and the entire Thange basin riparian habitat.
This restoration must be completed to the satisfaction of the court within 120 days. Additionally, KPC was ordered to pay KSh 900 million to NEMA to facilitate the environmental restoration, with NEMA required to file a progress report in court within the same period.
Beyond ecological repair, the court also ordered KPC to pay the residents various forms of compensation. These include damages for the loss of domestic water, violation of constitutional rights, loss of income from land use and crops, the death of livestock, and future medical treatment.
The court also awarded damages for pain, suffering, and the loss of amenities, as well as compensation for the deaths of 15 victims linked to the spill. Costs for constructing boreholes, conducting laboratory tests, and livestock assessments were also factored into the final award.
Notably, the court imposed KSh 250 million in punitive damages and an additional KSh 900 million specifically for environmental restoration, all of which brings the total sum to KSh 3.8 billion, payable within 120 days.
The oil spill, which occurred in 2015, inflicted widespread devastation on the Thange community in Makueni County. Crude oil leaked into rivers, farms, and homes, contaminating drinking water and soil, and leading to serious health complications and deaths.
For years, residents cried out for justice, accusing KPC and NEMA of neglect, misinformation, and cover-ups.
Thursday’s ruling has been hailed as a milestone in Kenya’s legal history, with environmental and human rights advocates calling it a long-overdue affirmation that corporate and regulatory negligence will no longer go unpunished.
For a community that has suffered in silence for nearly a decade, this ruling offers a glimmer of hope, accountability, and the promise of healing.
