The Mombasa county government and Nema have defended themselves against alleged responsibility for deaths arising from the controversial lead smelting factory at Owino Uhuru Estate.
Victims of the poisonous lead, including 3,000 families, have sued for Sh1.6 billion compensation from the management of the factory, the county government and the National Environment Management Authority.
However, the county government through acting attorney Jimmy Waliaula said in a witness statement that the suit against the defunct Mombasa Municipal Council was misguided.
He urged the court to dismiss the matter saying the county played no part in it.
“The affected victims led by Kelvin Musyoka have not pinpointed any wrongdoing on the part of county government,” he said before High Court Justice Anne Omollo.
Waliaula exonerated the county government from blame for the misfortune that befell the residents of Owino Uhuru slums.
He said the defunct Municipal Council acted within the applicable laws when setting up the factory.
“The municipal council was in no way involved in measuring and determining the toxicity of the lead levels that came into contact with the residents,” he told the court.
Nema inspector Martin Shimba said they have received a response from the plant currently with Max Industries Ltd saying they complied with the law.
He said he has no doubt they discharged their duty properly and legally and in consultation with all relevant agencies.
The two entities said they performed their duties according to the law and should not be held responsible for the factory's wrongdoing.
So far, 10 witnesses have been cross-examined and five more are expected to undergo the same.
The matter had to be deferred for a day as the judge had another engagement elsewhere.
There was a political storm at the height of the matter in 2013 with politicians using it to campaign against one of the politicians seeking the Nyali MP's seat then.
The politician was reported to have been one of the directors of the metal refinery at the time, a matter the politician vehemently denied.
Edited by R.Wamochie
