The Environment and Land Court has awarded Sh25.8 million in damages to more than 1,000 waste pickers working at the Dandora dumpsite in Nairobi.
In the judgment delivered on Thursday, Lady justice Anne Omollo found that prolonged exposure to pollution at the dumpsite violated the waste pickers’ constitutional rights, including the right to a clean and healthy environment.
Each of the 1,032 registered claimants will receive at least Sh25,000 as compensation.
The plaintiffs had sought Sh500,000 each, totalling Sh516 million.
The case was filed in 2023 by five plaintiffs; Abigael Alima Namanyi, Beryl Auma Awuor, Phanice Tabu Okello, Leah Kayange, and David Ochieng suing on their own behalf and for an estimated 1,032 waste pickers who work at Dandora.
They argued that the county government and the National Environment Management Authority (NEMA) had failed to protect them from severe pollution, leading to respiratory illnesses, reproductive health issues, and other chronic conditions.
In her ruling, Lady Justice Anne Omollo said while the plaintiffs failed to provide direct medical evidence linking specific illnesses to the dumpsite, their constitutional environmental rights had indeed been violated.
“While the Plaintiffs have not established a strict causal connection between their individual illnesses and the pollution at the dumpsite for purposes of conventional personal injury damages, in view of the
violations as affirmed in the Isaiah Luyara case, the situation that the Defendant conceded still subsists, they are entitled to compensation,” ruled the court.
The waste pickers, who work without protective gear, described scavenging through raw waste, broken glass, and medical refuse amidst toxic fumes.
Female witnesses testified to irregular menstrual cycles, heavy bleeding, and persistent stomach ailments, which they attributed to constant exposure to hazardous materials.
Nairobi County Government, in its defence, argued that the waste pickers were not its employees and were illegally occupying the site.
The county’s Deputy Director of Environment, Walter Onwenga, testified that only 42 county staff are deployed at Dandora, all of whom are provided with personal protective equipment.
He also outlined the county’s stalled efforts to rehabilitate the dumpsite through a waste-to-energy project, citing procurement delays and financial constraints.
The court however found that the environmental harm and constitutional breaches were ongoing and that the waste pickers though not employees were entitled to redress as affected members of the public.
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