Judge expected to explain orders on temporary unfreezing of Nema accounts

A judge will today (Monday) explain to the parties why she allowed the accounts of Nema to be reopened a week after they were frozen following garnishee orders from another judge.

Environmental lobby group, CJGEA (Center for Justice, Governance and Environmental Action) had, on June 4, successfully frozen Nema’s 22 bank accounts.

This is after the environmental watchdog failed to comply with another order to release funds that had been ordered for compensation of Owino Uhuru residents who had suffered lead poisoning in Mombasa and for environmental clean-up and remediation.

However, Lady Justice Belinda Akoth Akello on June 11 issued orders temporarily staying the execution of the garnishee orders pending the inter parties hearing of an application by Nema.

Nema told the court they have not refused to pay the ordered compensation sum of Sh1.3 billion to Owino Uhuru residents as compensation and a further Sh700 million payable to CJGEA for the clean-up and remediation as had been ordered by the court and further upheld by the Supreme Court.

The environmental watchdog asked to be allowed to settle the decreetal amount in instalments starting from the financial year 2026/2027.

In an affidavit sworn by director general Mamo Boru, Nema said being a government agency, it operated within a financial budget and as such the decretal sum had not been factored for in the financial year 2025/2026.

Boru explained that the decretal amount owed exceeds the authority’s budgetary allocation given that it no longer receives funding from the Exchequer.

Nema, Boru said, is financially constrained since it solely depends on fees collected through issuance of licences to fund its operations.

“The meagre licensing fees collected by the authority are insufficient to satisfy the decretal sums, the said sums being substantially in excess of the revenue generated therein,” Boru told the Environmental and Land court.

The environmental watchdog said it is committed to paying the compensation and has demonstrated the same by writing to the Environmental and Climate Change PS requesting them to liaise with the National Treasury to provide the requisite sum.

It is because of these efforts, which were communicated to CJGEA, that the lobby group withdrew the garnishee application dated April 13, 2026, Boru said.

Boru had argued that freezing the authority’s accounts would severely impair its ability to carry out its statutory obligations, disrupt essential environmental regulatory services, and occasion substancial prejudice to the public interest.

He said the accounts frozen contained public funds held in trust for donors who donated the funds for public interest.

On June 19, CJGEA through executive director Phyllis Omido, protested the move to temporarily unfreeze the Nema accounts, saying the watchdog is not sincere in its supposed interest to comply with the court orders.

In a statement, Omido said almost six years have elapsed since the Environment and Land Court delivered its judgement, and nearly two years have passed since the Supreme Court upheld that decision to award the compensation to Owino Uhuru residents.

“Throughout this period, Nema has failed to demonstrate any genuine or meaningful commitment to complying with the courts' directives.

“This is despite Nema having received an advisory from the National Treasury directing it to prioritise the Owino Uhuru compensation in both the 2024/2025 Financial Year budget and the Medium-Term Expenditure Framework,” Omido said.

Omido said, based on the history, Nema's recent representation to the court appears inconsistent with its prolonged failure to take concrete steps toward implementing the judgement.

She said CJGEA and the Owino Uhuru community have been compelled to pursue multiple legal proceedings to enforce the compensation awarded by the courts due to the continued inaction of responsible state agencies.

“It is therefore surprising that Nema now professes a willingness to comply while enforcement proceedings remain active before the Environment and Land Court,” she said.

In 2020, the Environment and Land Court directed that compensation be implemented within 90 days and remediation measures be implemented within 120 days of the judgement.

In 2024, the Supreme Court affirmed that judgement, reinforcing both the rights of the Owino Uhuru community and the legal obligation of government agencies to comply.

“Yet, despite these unequivocal judicial pronouncements, responsible institutions have repeatedly failed to implement the orders, opting instead to shift responsibility from one agency to another while affected families continue to suffer the consequences of lead contamination,” Omido said.

She noted that for nearly two decades, CJGEA has stood alongside the Owino Uhuru community in the pursuit of environmental justice.

“We have documented the devastating health impacts of lead poisoning on children, women, and families; provided legal support to affected community members; engaged both county and national government institutions; participated in policy and advocacy forums; and consistently pursued accountability through the courts,” she stated.

She said CJGEA has, throughout the journey, advocated for comprehensive compensation, medical support, environmental remediation, and accountability for those responsible for one of Kenya's most severe environmental health disasters.

Today, she noted, the plight of Owino Uhuru remains a stark reminder of the gap between commitments to address historical injustices and the lived realities of affected communities.

“Despite securing landmark victories at every level of Kenya's judicial system, including the Supreme Court, victims continue to be denied the benefits of those judgements due to administrative inertia and institutional disregard,” she said.

She noted that the garnishee orders secured by CJGEA are therefore not merely a procedural legal step.

They represent a necessary intervention to uphold the rule of law and restore public confidence in Kenya's justice system, Omido said.

“Court orders must not become symbolic declarations that can be ignored at the convenience of public institutions. The Constitution guarantees every Kenyan the right to a clean and healthy environment, access to justice, and equal protection under the law,” she noted.

She said these guarantees lose their meaning when state agencies fail to respect and implement judicial decisions.

“We acknowledge and welcome the government's recent initiative to compensate victims of human rights violations as a positive step toward advancing justice.

“However, it is difficult to reconcile this effort with the continued exclusion of other victims who remain sidelined and marginalised. Justice must not be selective,” Omido said.

She called on the government to ensure compensation for all victims of human rights violations, including those whose claims have been conclusively determined and upheld by the courts.

Failure to do so, she argued, risks creating a perception of unequal treatment and undermines the government's commitment to accountability, justice, and the rule of law.

She said the Owino Uhuru struggle is not merely a local issue but a national test of Kenya's commitment to environmental justice, human dignity, accountability, and the rule of law.

“The garnishee orders bring victims one step closer to realising the justice they have pursued for many years, but the struggle for full implementation continues. Justice delayed has been justice denied for far too long,” Omido said.

INSTANT ANALYSIS:

The Supreme Court in 2024 orders state agencies, including Nema and the Export Processing Zone Authority, to pay a total of Sh1.3 billion in compensation to Owino Uhuru residents in Jomvu, Mombasa. This was part of a larger Sh2 billion total package, which included an additional Sh700 million for environmental cleanup and remediation.