In a move being closely watched by environmental advocates in Nairobi, communities across south-east England are taking coordinated legal action against Thames Water for extensive sewage pollution in the River Thames. This unprecedented citizen-led campaign could set a powerful precedent for how Kenyans can tackle similar challenges in our own waterways, such as the heavily polluted Nairobi River.

The core of the issue is the failure of a major utility to protect a vital public resource, leading to direct health threats. While the battle unfolds thousands of kilometres away, it raises a critical question for every Kenyan: How do we ensure the water flowing through our communities is safe and hold powerful entities accountable when it is not?

A Community's Stand

Residents in 13 areas, including Oxford and Richmond, are using a decades-old law, the Environmental Protection Act of 1990, to file statutory nuisance complaints. They allege that raw sewage and poorly treated effluent from Thames Water's facilities are a direct threat to public health. Data from one treatment plant revealed a staggering 240% increase in raw sewage discharge hours between 2019 and 2024.

Thames Water had previously failed to complete promised upgrades on 98 of its worst-polluting treatment plants. The company sought to charge customers £1.18 billion (approx. KES 201.7 billion) for these overdue upgrades, but the water regulator, Ofwat, largely refused, stating customers had already funded the work. This regulatory standoff has pushed citizens to seek justice themselves.

Echoes in Kenya

The struggle in the UK mirrors the ongoing fight to save the Nairobi River, which has long suffered from industrial pollution and untreated sewage. Researchers have repeatedly warned of toxic contaminants and high levels of faecal matter in Nairobi's rivers, posing dangerous health risks to communities living along their banks.

Kenya's National Environment Management Authority (NEMA) is the principal body for enforcing environmental regulations. In recent years, NEMA has taken action against polluters, issuing restoration orders and shutting down companies for discharging waste. In October 2024, the authority identified 145 companies for polluting water bodies and directed them to clean up their waste.

Despite these efforts, challenges persist. Many urban areas lack adequate sewer connections, and existing wastewater plants are often overwhelmed, leading to raw sewage ending up in rivers that people use for farming and daily needs.

• UK Legal Tool: Citizens are using the 1990 Environmental Protection Act, which allows individuals to take private action through a magistrate's court if a local authority fails to act.
• Kenyan Framework: NEMA operates under the Environmental Management and Coordination Act, which prohibits the discharge of hazardous waste and can impose fines and cleanup orders.
• Corporate Accountability: The UK case highlights a global theme: ensuring private or public utilities prioritise public health and environmental safety over profit.

The outcome of the Thames Water legal battle will be significant. It could empower communities worldwide, demonstrating that with persistence and the right legal tools, citizens can force action on environmental protection. For Kenyans fighting for cleaner rivers, it offers a compelling and timely lesson in civic action.