By Nana Karikari, Senior Global Affairs Correspondent
The High Court in Kenya ruled Thursday that a class action lawsuit can move forward against multinational oil and gas company British Petroleum (BP). This litigation alleges that decades-long toxic waste disposal contaminated drinking water in northern Kenya. The lawsuit was originally filed by 299 petitioners in February at the Land and Environment Court in Isiolo. It claims that BP caused serious environmental pollution by improperly disposing of and discharging toxic waste from oil exploration activities.
Legacy of Contamination in the Chalbi Desert
The exploration work took place in the 1980s under Amoco Corporation. BP later acquired Amoco in 1998. During that period, Amoco drilled several dry wells near Kargi and Kalacha in the Chalbi Desert. The petition alleges that more than 500 residents living near these exploration sites died from cancers and other illnesses. These deaths are linked to drinking water contaminated with heavy metals and carcinogens. Court documents cite contaminants including radium isotopes, arsenic, lead, and nitrates. Local accounts suggest the tragedy was compounded by extreme poverty; many residents reportedly mistook the white, flaky chemical residue left at the sites for natural salt and used it for cooking.
Allegations of Environmental Mismanagement
The suit claims the waste contained radioactive materials that contaminated groundwater and killed hundreds of residents and livestock. Petitioners argue that toxic waste was left in unlined pits or simply dumped. This practice allegedly affected soil integrity and local livelihoods. “During operations at the sites, hazardous and toxic contaminants were improperly disposed, discharged and released into the environment,” the petition said. Another section of the filing stated that “During the general operation of the sites while conducting drilling and seismic surveys, a
substantial amount of hazardous and toxic contaminants were improperly disposed, discharged and released to the environment and has accumulated underneath.”
Legal Accountability and Government Failure
The lawsuit also targets multiple Kenyan government ministries and agencies. These include the National Oil Corp. of Kenya and the National Environment Management Authority (NEMA). The suit accuses these bodies of failing to act despite evidence of contamination. Petitioners seek compensation for loss of lives, livelihoods, and violations of human rights. They also want BP to bear the total cost of environmental restoration. “The documented acts and omissions constitute environmental genocide,” said Kelvin Kubai, an attorney for the petitioners. The case is being watched closely as a potential landmark for “legacy” environmental liability, where modern parent companies are held responsible for the historical actions of acquired subsidiaries.
Regulatory and Corporate Responses
BP has not issued a public response and declined to comment on the matter. NEMA, the Kenyan regulator, noted that the current government environment policy was enacted years after the exploration activity ended. “We support the local communities on their right to a clean and healthy environment,” Director General Mamo Boru Mamo said. Judge Oguttu Mboya has directed the petitioners to serve BP with the suit papers. He also noted that others affected by the alleged contamination can apply to join the petition. The case is scheduled to resume in May.
As the legal proceedings move forward, the court must balance the historical nature of the exploration with modern environmental standards. The outcome will likely serve as a definitive litmus test for how Kenya—and the broader international community—addresses the enduring environmental footprints left by multinational extractive industries in the Global South.
