NAIROBI, Kenya — The Environment and Land Court has awarded Sh25.8 million in damages to 1,032 waste pickers working at the Dandora dumpsite, after finding that prolonged exposure to air pollution violated their constitutional rights.
In a judgment delivered on Wednesday, Justice Anne Omollo ruled against the Nairobi County Government and the National Environment Management Authority (NEMA), holding them responsible for failing to curb pollution at the sprawling dumpsite.
The case was filed on September 19, 2023, as a class action suit by the waste pickers, who argued that years of unchecked air pollution had exposed them to serious health risks while degrading their working and living conditions.
Justice Omollo found that the respondents breached several fundamental rights protected under the Constitution, including the right to a clean and healthy environment, human dignity, the highest attainable standard of health, fair administrative action, and principles of good governance.
“The failure by the county government to properly manage waste and mitigate pollution at Dandora amounted to a violation of the petitioners’ constitutional rights,” the court ruled.
As compensation, the court awarded Sh25,000 to each waste picker, bringing the total damages payable by the Nairobi County Government to Sh25,800,000.
The ruling adds to growing judicial scrutiny over environmental governance in Nairobi and places renewed pressure on authorities to address long-standing health and safety concerns at the Dandora dumpsite, one of the city’s largest waste disposal sites.
