Marsabit residents toxic waste suit against BP set for June mention

BP toxic waste dumping case set for mention on June 16; Some of the 299 Kenyan pastoralists petitioners who had filed a landmark law suit against oil giants BP (PLC) over alledged dumping of toxic waste in their environment during the exploration exercise by the multi national firm in the 1980s in Marsabit County outside Isiolo High Court on May 6, 2026. [ Ali Abdi, Standard]

A lawsuit pitting Kenyan pastoralists against  British oil multinational giant BP over alleged toxic waste dumping is set for mention on June 16.

During a virtual session on Thursday, Environment and Land Court Judge Mboya Oguttu scheduled the mention date after the petitioners enjoined the Ministry of Energy and Petroleum in the suit, in compliance with an earlier court advisory.

On May 6, Justice Oguttu granted the 299 petitioners, representing pastoralists from Kalacha and Kargi locations in Marsabit County, leave to amend their petition to include the Ministry of Energy and Petroleum, specifically the State Department of Petroleum.

The inclusion followed advice from the Office of the Attorney General, which noted that the department was the line ministry involved in licensing oil exploration activities in the country at the time and remains so to date.

In their initial petition filed last February, the petitioners had listed the Ministry of Mining as a key respondent.

Before Thursday’s directions, the petitioners had been given seven days to file and serve all 12 respondents in the suit, with a further two weeks allocated to establish a procedural roadmap ahead of the full hearing of the landmark case.

The suit, filed in February, was allowed to proceed by the court in Isiolo after Justice Oguttu certified it as urgent and permitted the petitioners to serve defendants, including BP, outside the country.

Hundreds of pastoralists from Marsabit and Isiolo counties are closely following the class-action suit against BP PLC and 12 other respondents representing key national government ministries and agencies.

Among the local respondents are the Attorney General, the ministries of Mining, Environment and Natural Resources, Energy and Petroleum, as well as the National Environmental Management Authority (NEMA).

The petitioners accuse BP of toxic waste dumping during oil exploration activities carried out in northern Kenya in the 1980s.

The claims relate to the Chalbi Desert region covering Kalacha in North Horr and Kargi in Laisamis Constituency, Marsabit County, and adjacent areas.

In their court filings, the petitioners allege that water sources, including dams, pans, boreholes and wells, were contaminated.

The Kenya National Commission on Human Rights (KNCHR) has been listed as an interested party, while the Pastoralists Alliance for Resilience and Adaptation Across Nations (Paraan), an NGO based in Nanyuki, Laikipia County, is acting as liaison for the affected communities.

The suit papers detail allegations that hazardous contaminants, including radium isotopes, arsenic, lead and nitrates, were dumped in unlined pits or left exposed on the surface.

According to the petitioners, the alleged groundwater contamination led to the deaths of more than 500 residents from cancer and related illnesses, while thousands of livestock — the community’s main source of livelihood — died after consuming contaminated water.

The suit further claims that nomadic communities, unaware of the dangers, reported seeing white substances that they used in their dwellings.

“During operations at the sites, hazardous and toxic contaminants were improperly disposed of, ( and ) released into the environment,” the court papers read in part.

The petitioners said no remedial measures were undertaken to address the situation.

In addition to monetary compensation, they are seeking the provision of clean and safe water for residents in the affected regions.

The case is expected to open the floodgates for similar claims, with residents from Isiolo, Wajir and Garissa counties likely to seek joinder in the suit or file separate cases against BP and other multinational firms involved in oil and gas exploration in northern Kenya during the same period.