Three residents of Umoja, Nairobi have sued the National Environment and Nationally Authority (NEMA) and Nairobi county boss, Johnson Sakaja over an ungazetted waste disposal along Umoja 1 and Umoja 2 road.
In the petition lodged at the Environment and Land Court, Victor Obuli, Nyongesa Namude and Odhiambo Akude want the court to stop the dumping of garbage at Umoja dumpsite and along the electric power lines within Umoja area.
They argued the county government has breached their fundamental right to a healthy and clean environment by failing to collect the waste and dumping it at the Dandora dumpsite.
The three who have also sued the Kenya electrical transmission company (KENATCO) and Kenya Rural Road Authority (KERRA) say the garbage has not only pilled to the extent of closing the road that connects Umoja 1 to Umoja 2 market but has also reached the electric supply line that moves from Likoni Industrial Area to Dandora in Embakasi North and beyond.
“This petition is extremely urgent because the unattended waste material is full of stray dogs, pigs, marabou storks, big green flies, rodents, mosquitoes and so many waste material that poses danger in terms of health to members of the public,” read the court documents.
They contend that the dumpsite is emitting a pungent smell forcing the residents to buy perfumes to mask the odor as well invest in insect repellant to ward off the “numerous big, green and fat flies” that have made the houses of the residents a habitation.
“The moment any individual prepares a meal, the flies within a second from the dumpsite start flying all over the houses and in the houses.”
The piled up garbage, which has blocked the road, they say, has forced residents to take longer and costlier routes, adding to their financial strain amid already tough economic times.
Any accumulation or deposit of refuse, offal, manure or any other matter whatsoever which is offensive or which is injurious or dangerous to health is a nuisance, they say.
The petitioners have further accused the respondents of not putting precautionary measures to mitigate the situation.
“Sometime last year, a mutilated decomposing body of a female adult was found in the dumpsite. The same sent chills of fear among members of the public . The garbage collectors especially women with young babies on their backs have been digging with bare hands, with no known protection like gloves into the filth in the naming of sorting the garbage, the situation is so dehumanizing that no human being should be seen scavenging for whatever resources among animals and birds in a dump site,” they said.
They want the court to order a temporary injunction issued against governor Johnson Sakaja and KERRA to facilitate the reopening of Umoja 1 road along SDA church to facilitate the movement of people and to stop the dumping of garbage along it’s power lines.
They told lady justice Anne Omollo that “during the rainy season, the murky water mixed with sludge and other waste products like sanitary pads, baby diapers, used condoms, homestead trash and nylon papers from the garbage site has found its place at the doorstep of residents, which has or is likely to cause an outbreak of water borne diseases and other related diseases.”
“Article 39 of the Constitution provides for the freedom of movement and residence while article 42 provides that every person has the right to a clean and healthy environment which includes the Right to have the environment protected for the benefit of future generation. through legislative and other measures, particularly those contemplated under Article 69 and to have obligations relating to the environment fulfilled under Article 70,” read the court papers.
Omollo has since certified the matter has urgent.
She also ordered the respondent to file responses within five days of service.
The matter will be mentioned on June 24 for hearing.
Nairobi senator Edwin Sifuna on February 21, 2024 called out Sakaja over the neglected dumpsite.
The Orange Democratic movement (ODM) party secretary general, in a statement claimed that the dumpsite has been left unattended due to delayed payments of garbage contractors by the Nairobi County government.
Senator Sifuna also shared a video of the dumpsite as he called out the governor.
“The residents of Umoja Innercore are living a nightmare. Garbage has not been collected from this spot since September because the garbage contractors have not been paid,” said Sifuna.
Sifuna further posed a question in his statements asking people to judge by their own view if “it is working” in an indirect reference to Sakaja’s slogan of “Lazima Iwork” which means “It must work”.
“On your own view, is it working?” he posed.
The Senator has been a huge critic of governor Sakaja’s leadership since he was elected to office during the 2022 General elections.
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