The Environment and Land Court in Nairobi has ordered the Nairobi County Government to pay Sh25.8 million in damages to more than 1,000 waste pickers at the Dandora dumpsite after finding that years of exposure to polluted air violated their constitutional rights.
In a judgment delivered on Thursday, Justice Anne Omollo ruled in favour of 1,032 waste pickers who had sued the county government and the National Environment Management Authority over unsafe conditions at the dumpsite. The court found that the two public bodies failed to protect the workers from harmful pollution, despite their legal duty to manage waste and safeguard the environment.
The case was filed as a class action on September 19, 2023, with the petitioners arguing that continued exposure to smoke, toxic fumes, and poor waste handling at Dandora had put their health at serious risk and lowered their quality of life. They told the court that the situation had persisted for years without meaningful action from authorities.
In her ruling, Justice Omollo said the failure by the county government to control waste disposal and reduce pollution at the dumpsite amounted to a clear breach of several rights protected under the Constitution.
She found that the waste pickers’ rights to a clean and healthy environment had been violated, alongside their rights to dignity, health, fair administrative action, and good governance.
The court also faulted the authorities for allowing unsafe conditions to continue, noting that the dumpsite remained operational despite the known dangers posed by air pollution. The judgment stated that the prolonged exposure faced by the waste pickers was preventable and resulted from neglect and poor management.
As compensation, the court awarded each of the 1,032 waste pickers Sh25,000 in damages. This brings the total amount payable by the Nairobi County Government to Sh25,800,000.
The ruling marks a major legal victory for informal waste workers, who often operate without protection despite playing a key role in waste management within the city. It also reinforces the duty of public institutions to protect vulnerable workers from environmental harm.
