The Environment and Land Court sitting at Milimani has awarded Ksh.25.8 million in damages to 1,032 waste pickers working at Nairobi’s Dandora dumpsite, after ruling that their constitutional rights were violated due to long-term exposure to hazardous air pollution. In the judgment delivered on Wednesday, Justice Anne Omollo found both the Nairobi County Government and the National Environment Management Authority (NEMA) liable for failing to protect the workers from harmful environmental conditions.
Class Action Suit Filed
The case was filed on September 19, 2023, as a class action petition representing over a thousand waste pickers operating at the sprawling dumpsite. The petitioners argued that unchecked pollution, poor waste management, and unsafe working conditions had exposed them to severe health risks while also undermining their quality of life and dignity.
Court Finds Multiple Rights Violated
Justice Omollo ruled that the respondents had breached several constitutional protections. The court determined that failure by the county government to properly manage waste and control pollution at the dumpsite violated the waste pickers’ rights to:
- A clean and healthy environment
- Human dignity
- Health
- Fair administrative action
- Good governance
The judge emphasised that public authorities have a duty to safeguard environmental and occupational welfare, particularly for vulnerable communities whose livelihoods depend on such sites.
Compensation Awarded
As part of the ruling, the court ordered compensation of Ksh.25,000 for each of the 1,032 petitioners, bringing the total payout to Ksh.25,800,000. The damages are to be paid by the Nairobi County Government.
Environmental and Social Impact
The ruling is being viewed as a significant milestone in advancing environmental justice and labour protections for informal sector workers. Advocates say the decision could set a precedent for stronger enforcement of environmental regulations and improved waste management systems in urban centres.
