Over 1,000 waste pickers at the Dandora dumpsite have been awarded a total of Sh25.8 million after the court found the Nairobi County Government and the environmental regulator in breach of their rights over air pollution.
The 1,032 waste pickers had accused the county government and the National Environment Management Authority (Nema) of failing to monitor the activities at the 47-hectare landfill and to ensure that standards in respect of air quality and emissions are met.
In a class action suit, the waste pickers moved to court in 2023, seeking to compel the Nairobi County government and Nema to develop a programme for the permanent rehabilitation and restoration of the dumpsite.
The Environment and Land Court agreed that the waste pickers had breached their constitutional rights.
“The petitioners have proved that the respondents are in breach of their fundamental rights in the bill of rights specifically Articles 10(2)(b), 26(3), 29((f), 42, 43(1)(d), 47, 69 and 232(1)(c) of the constitution,” said the court.
Five petitioners sued on their behalf and on behalf of others who derive a living from the dumpsite. The court awarded the waste pickers Sh25,000 each.
The waste pickers claimed that they play a crucial role in the informal solid waste management sector by ensuring a clean environment through recycling of waste, increasing the capacity of landfills and reducing water and air pollution from inappropriate disposal of waste.
It was their case that the authorities have failed to ensure that standards of air quality and emissions are met, which is in breach of the Environment Act.
They submitted through Kenneth Amondi that the county government and Nema are liable for the continued denial and violation of their rights.
The petitioners further accused the county government of failing to rehabilitate the dumpsite, hence exposing them to poor working conditions and violating their rights to life, health, food and housing and adequate standards of living.
Mr Amondi submitted that studies done from the year 2011 have demonstrated that the conditions at the dumpsite are inhuman, coupled with toxic chemicals and gases, which are a health hazard but the government had all along been reluctant to implement recommendations made.
They said in the petition that the regulator has failed to rehabilitate the dumpsite and manage waste in a manner that protects human health and the environment, and it is their argument that the move is intentional and causes emotional distress, for which they shall be seeking compensation.
“The respondents have failed to regulate the activities being carried out by relevant lead agencies as envisaged under section 9(2)(i), including enforcing restoration and rehabilitation of the Dandora Dumpsite ecology, thereby condoning air and water pollution by toxic emissions,” the petition stated.
The waste pickers said the low standard of life they have been subjected to takes a toll on their mental health, causing them to abuse drugs that turn them into zombies.
Their work essentially involves sifting through waste, which is done using bare hands and they have no other source of livelihood.
