In a judgment delivered on Wednesday, Justice Anne Omollo ruled in favour of the waste pickers against the Nairobi County Government and the National Environment Management Authority (NEMA)
The petitioners instituted a class action suit on September 19, 2023, on behalf of 1,032 waste pickers, alleging that unchecked air pollution at the Dandora dumpsite had exposed them to serious health risks and degraded their living conditions.
Justice Omollo found that the respondents had breached several fundamental rights guaranteed under the Constitution.
The court held that the failure by the county government to effectively manage waste and mitigate pollution amounted to a violation of the petitioners’ rights to a clean and healthy environment, dignity, health, fair administrative action, and good governance.
As compensation, the court awarded each of the 1,032 waste pickers Ksh.25,000, bringing the total damages payable by the Nairobi County Government to Ksh.25,800,000.
