Marsabit residents take BP to court over alleged decades of toxic pollution

A legal battle has emerged in northern Kenya after nearly 300 residents of Marsabit County accused the government and British oil company BP of leaving behind dangerous waste that they say has polluted water sources and affected communities for many years.

In a class action case filed at the Environmental and Land Court, 299 petitioners argue that oil exploration carried out in the 1980s led to the dumping of toxic industrial waste in the region. They claim the waste included radioactive materials and other hazardous substances that have since contaminated underground water systems, exposing people and livestock to long-term harm.

The court has marked the case as urgent and allowed the residents to serve BP outside the country. Other parties will be served through a newspaper advertisement. The case will be mentioned on May 6 for further directions, but the court declined to grant temporary orders at this stage.

Court documents state that drilling waste such as muds and rock cuttings containing heavy metals, chemicals and hydrocarbons was dumped in open, unlined pits. The petitioners say this allowed pollutants to seep into soil and groundwater over time, causing widespread contamination.

The affected areas include exploration sites identified as Sirius-1, Bellatrix-1 and Chalbi-3. Nearby communities listed in the case include Kargi, Maikona, Kalacha, Turbi, North Horr, Bubisa and Dukana, where residents say they continue to face environmental and health challenges.

The petition further claims that the contamination has been linked to rising cancer cases and repeated livestock deaths over the past three decades. Some of the individuals named in the case have since died, with families continuing the legal action on their behalf.

The exploration activities were originally carried out by Amoco Corporation, which was later acquired by BP in 1998. The petitioners argue that BP inherited responsibility for any environmental damage linked to those operations.

Through the case, the residents are seeking a full environmental and health investigation, including toxicological studies of the affected sites and surrounding areas. They also want detailed groundwater testing conducted across the region.

In addition, they are asking the court to affirm their right to clean and safe water, and to compel both the government and BP to provide alternative water sources that meet international health standards.