The Industrial Uses and Toxicity of Lead: Lessons from Lead Poisoning

 

Introduction:

Lead has distinctive properties and is a valuable material in various applications, especially in batteries, pigments, and cable sheathing. It is also used in ammunition and radiation protection against harmful rays. Lead plays a significant role in the construction of roofing materials, the production of glass, and certain decorative applications such as stained glass windows. However, it has serious drawbacks, posing severe health risks and developmental issues in children. Lead remains persistent, leading to long-term ecological damage.

In a landmark ruling in the year 2024, the Supreme Court of Kenya awarded Ksh1.3 billion in compensation to more than 3,000 victims of lead poisoning at Owino Uhuru Village in Mombasa. The decision came after over a decade of suffering and health complications endured by the residents. The court's judgement stemmed from a previous ruling by the Environment and Land Court (ELC), which found substantial evidence of direct health effects and loss of life due to prolonged exposure to lead. The compensation is set to benefit 450 households and residents of the village. This case highlights the grave consequences of environmental negligence and the persistent struggle for justice faced by affected communities. The ruling not only addresses the personal injuries and loss of life but also underscores the importance of holding responsible the parties accountable for environmental and public health hazards.

Organisations Involved and Their Mandate:

1. National Environment Management Authority (NEMA): It is responsible for the management and protection of the environment.
2. Metal Refinery EPZ Ltd: This is the company involved in lead processing. IT held the highest responsibility for the poisoning.
3. Ministry of Water: It is responsible for the management of all water resources in Kenya.
4. Ministry of Health: It is responsible for public hospitals and public health and safety in general.
5. Export Processing Zones Authority (EPZA): Regulates export processing zones after the government has negotiated with foreign governments and companies.
6. Penguin Paper and Book Company Ltd: This is one of the companies that had a minor responsibility in the lead poisoning.
7. Centre for Justice Governance and Environmental Action (CJGEA): This is an advocacy group that is responsible for restoring the environment if government agencies fail.

Advantages of lead in industry:

· Lead, with its distinctive properties, has long been a valuable material in various applications. It is extensively used in batteries, providing essential energy storage for a range of devices. In pigments, lead contributes to vibrant and durable colours, while in ammunition, its density and malleability make it ideal. Cable sheathing benefits from lead's protective qualities, ensuring the integrity of the wires within. Additionally, lead is used in weights, providing precise mass for balancing, and in radiation protection, where its density serves as an effective barrier against harmful rays.

Beyond these commonly known uses, lead has a broader scope of applications. It plays a significant role in the construction of roofing materials, offering durability and resistance to weathering. In the production of leaded glass, lead enhances brilliance and clarity, making it a preferred choice in certain decorative and technical applications. Artisans employ lead in creating stained glass windows, where it contributes to the vivid colours and intricate designs that adorn many historical and religious buildings.

The drawbacks to using lead

The benefits of lead come with serious drawbacks. Its toxicity is well-documented, posing severe health risks such as brain and kidney damage and developmental issues in children. Once introduced into the environment, lead remains persistent, contaminating soil and water and leading to long-term ecological damage.

 

Restorative Damages:

• According to an article in the Nation Newspaper of 7th December 2024 by Brian Ocharo, the judges reinstated a Ksh700 million award by the ELC for restorative damages to the Centre for Justice Governance and Environmental Action (CJGEA) in case the National Environment Management Authority (NEMA) and other government agencies failed to restore the environment.

Responsibility and Liability:

• The Court of Appeal apportioned responsibilities for environmental damage by lead in the following percentages: NEMA 30%, Metal Refinery EPZ Ltd 40%, Ministry of Water 5%, Ministry of Health 5%, Export Processing Zones Authority (EPZA) 10%, Penguin Paper and Book Company Ltd 10%.

Global Mitigation Efforts:

United States: In the United States, a comprehensive approach has been adopted to tackle lead exposure, starting with the implementation of the Lead and Copper Rule to ensure safer drinking water. This regulation aims to minimise lead and copper levels in drinking water by mandating regular testing and corrective actions. Additionally, the U.S. has banned leaded gasoline, significantly reducing airborne lead emissions. The phase-out of lead-based paints, which were a major source of lead poisoning, especially in children, has further helped to decrease lead exposure.

European Union: The European Union has taken robust measures to control lead exposure through a series of regulations. Lead in household paints has been banned, eliminating a significant source of lead poisoning. The EU has also restricted the use of lead in consumer products, such as toys and electronics. Furthermore, the EU has set stringent maximum lead levels in drinking water, requiring regular monitoring and compliance to protect public health.

Australia: Australia has made significant strides in reducing lead exposure by phasing out leaded gasoline, which has greatly reduced airborne lead levels. The country has also implemented stringent regulations on lead in consumer products, including toys and paints. In addition to these measures, Australia has enforced strict controls on industrial emissions to prevent lead contamination.

China: China has introduced a multi-faceted strategy to limit lead exposure and improve public health. The country has enacted regulations to restrict lead in various products, ensuring safer consumer goods. Additionally, China has improved industrial practices by enforcing strict standards for lead emissions and promoting the use of lead-free alternatives. Public awareness campaigns have been launched to educate citizens about the dangers of lead poisoning and the importance of preventive measures.

Conclusion:

Lead has distinctive properties and is a valuable material in various applications, especially in batteries, in pigments, and in cable sheathing. It is also used in ammunition and radiation protection against harmful rays. However, it has serious drawbacks, posing severe health risks and developmental issues in children. Lead remains persistent, leading to long-term ecological damage.

The Supreme Court's decision to award Ksh1.3 billion in compensation to the victims of Owino Uhuru Village marks a crucial step towards environmental justice. This ruling not only addresses the severe health impacts and loss of life due to lead poisoning but also sets a precedent for holding responsible parties accountable for environmental harm. By affirming the compensation, the court acknowledges the ongoing struggle of affected communities and underscores the importance of protecting public health. This landmark case highlights the need for stringent regulations and proactive measures to prevent future environmental health crises.

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