Kenya's High Court Allows Class Action Lawsuit Against BP for Environmental Contamination

The High Court in Kenya has permitted a class action lawsuit to proceed against BP Plc and several Kenyan authorities, alleging that toxic waste disposal from oil exploration activities has contaminated drinking water in northern Kenya. The lawsuit, initiated by 299 petitioners in February at the Land and Environment Court in Isiolo, claims that BP's predecessor, Amoco Corporation, improperly disposed of hazardous materials during its operations in the 1980s. The petitioners assert that this negligence has resulted in severe environmental pollution, leading to health issues and fatalities among local residents and livestock.

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The petitioners allege that the toxic waste, which reportedly contained radioactive materials, was improperly disposed of in unlined pits or left exposed, contaminating groundwater sources. The lawsuit cites that over 500 residents have died from illnesses linked to drinking water contaminated with heavy metals and carcinogens, including radium isotopes, arsenic, lead, and nitrates. Additionally, the petition claims that thousands of livestock have died after consuming this contaminated water. The petitioners are seeking compensation for loss of lives, livelihoods, and violations of human rights, as well as the costs associated with environmental restoration.

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The lawsuit also names the National Oil Corporation of Kenya and the National Environment Management Authority (NEMA) as defendants, accusing them of failing to act on evidence of contamination. NEMA's Director General, Mamo Boru Mamo, stated that the government's environmental policy was enacted after the exploration activities took place and expressed support for the local communities' right to a clean and healthy environment.

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Kelvin Kubai, an attorney representing the petitioners, described the alleged actions of BP and the Kenyan authorities as "environmental genocide." This characterization underscores the gravity of the claims made in the lawsuit and highlights the potential implications for BP's operations in the region.

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BP has not publicly responded to the lawsuit and declined to comment on the matter. The case is set to resume in May, with Judge Oguttu Mboya directing the petitioners to serve BP with the suit papers. The court has also indicated that others affected by the alleged contamination may apply to join the petition.

Bloomberg

As the legal proceedings unfold, the case against BP and the Kenyan authorities will likely draw attention to the broader issues of environmental responsibility and corporate accountability in the oil and gas sector. The outcome of this lawsuit could have significant implications for future operations and regulations concerning environmental practices in Kenya and beyond.

Bloomberg