Marsabit Residents Seek Justice as BP Toxic Waste Suit Targets Energy Ministry

The Environment and Land Court in Isiolo has directed 299 residents from northern Kenya to enjoin the Ministry of Energy and Petroleum in a long-running legal battle against British Petroleum (BP). The lawsuit, which centers on allegations of toxic waste dumping during oil exploration in the 1980s, took a procedural turn this week as the government sought to align the correct state offices with the claims.

Justice Oguttu Mboya issued the directive on Wednesday, May 6, after the Attorney General argued that the petitioners had incorrectly sued the Ministry of Mining instead of the department responsible for petroleum activities. Lawyer Mohammed Odongo, representing the state, noted that since the dispute originates from drilling operations conducted nearly 50 years ago, the Ministry of Energy is the proper party to address the consequences of those activities.

The residents claim that BP's operations in Marsabit County introduced toxins into the local environment, leading to severe health complications and ecological damage. The suit already involves a wide array of state agencies, including the Cabinet Secretaries for Health and Water, the Kenya Nuclear Regulatory Authority, and the Kenya Medical Research Institute.

During the proceedings, Justice Mboya granted the petitioners seven days to amend their filings to include the energy ministry. The court also addressed complications regarding the service of documents to BP's headquarters in the United Kingdom. While the residents' legal team maintained they used courier services, the judge ruled that they must comply with specific procedures for foreign entities by serving the multinational through the Ministry of Foreign Affairs.

BP has maintained that it was unaware of the suit until media reports surfaced, arguing that the company falls outside the court's jurisdiction. However, the legal battle has persisted for nearly a decade, having first been filed in Nairobi in 2016 before being transferred to the regions where the affected communities live.

Local residents have shared harrowing accounts of the alleged impact. Assunta Galgitele, a former nurse at Kargi Dispensary, recounted treating numerous patients with unusual and chronic illnesses during the height of the exploration era. Many of those patients, she claimed, later developed cancer, which the community links to the chemicals left behind in the 1980s.

The court has scheduled a follow-up hearing for May 21, 2026, to ensure the petitioners have complied with the directions for service and the amendment of the suit.