By Andrew Kariuki
The High Court has awarded a total of Sh25.8 million in damages to 1,032 waste pickers working at the Dandora dumpsite after finding that prolonged air pollution violated their constitutional rights.
The decision was delivered on Thursday by Justice Anne Omollo in Milimani ELCEPCC No. 3 of 2023, a class action suit brought against the Nairobi County Government and the National Environment Management Authority (NEMA).
The case was filed by five petitioners; Abigael Mamaye, Berryl Awuor, Phanice Okello, Leah Kahyange and David Ochieng on behalf of 1,032 individuals who earn their livelihoods by sorting and collecting waste at the dumpsite.
Through their lawyer, Ken Amondi, the petitioners argued that years of uncontrolled dumping, open burning of waste and toxic emissions had exposed them to harmful air pollution, placing their health and safety at constant risk.
They told the court that the failure by the county government and NEMA to regulate waste management at the site subjected them to hazardous working conditions that undermined their dignity, well-being and ability to earn a living.
In her judgment, Justice Omollo found that both respondents had failed to meet their constitutional and statutory responsibilities to protect the environment and safeguard public health.
The court held that the continued operation of the Dandora dumpsite in its existing condition amounted to a violation of the waste pickers’ fundamental rights.
Justice Omollo ruled that the respondents breached several provisions of the Constitution, including Articles 10(2)(b), 26(3), 29(f), 42, 43(1)(d), 47, 69 and 232(1)(c), which guarantee the right to a clean and healthy environment, the highest attainable standard of health, human dignity, fair administrative action and principles of good governance.
As compensation, the court ordered the Nairobi County Government to pay an aggregate sum of Sh25,800,000 to the 1,032 claimants.
Each waste picker was awarded Sh25,000 for the harm suffered due to prolonged exposure to polluted air at the dumpsite.
The ruling marks a significant development in environmental justice litigation and affirms the constitutional rights of informal workers exposed to hazardous conditions, while underscoring the obligation of state agencies to enforce environmental and public health standards.
