Nairobi, Kenya – The Environment and Land Court at Milimani has awarded Ksh.25.8 million in damages to 1,032 waste pickers working at the Dandora dumpsite, ruling that their constitutional rights were violated due to prolonged exposure to air pollution.
In a judgment delivered on Wednesday, Justice Anne Omollo found in favour of the petitioners against the Nairobi County Government and the National Environment Management Authority (NEMA).
Class Action Suit
The waste pickers filed a class action suit on September 19, 2023, alleging that unchecked air pollution at the dumpsite exposed them to serious health risks and degraded their living conditions.
Justice Omollo ruled that the respondents had breached several fundamental rights guaranteed under the Constitution, including:
- The right to a clean and healthy environment
- The right to dignity
- The right to health
- The right to fair administrative action
- The right to good governance
Compensation
As compensation, the court awarded each of the 1,032 waste pickers Ksh.25,000, bringing the total damages payable by the Nairobi County Government to Ksh.25,800,000.
Significance of the Ruling
The judgment underscores the responsibility of government institutions to effectively manage waste and mitigate pollution. It also reinforces the constitutional protections afforded to vulnerable groups whose livelihoods expose them to environmental hazards.
The case highlights the growing importance of environmental justice in Kenya, where communities are increasingly turning to the courts to demand accountability and protection of their rights.
Conclusion
The ruling marks a landmark victory for waste pickers at Dandora, affirming their right to live and work in a safe environment. It also sends a strong message to public authorities about the need for sustainable waste management practices that prioritize both public health and human dignity.
