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More than 1,000 waste pickers working at the Dandora dumpsite will each receive Sh25,000 after the High Court found that their constitutional rights had been violated.
In a judgment delivered on February 5 by Justice Anne Omollo at the Kisii High Court, the court ruled in favour of the waste pickers following a petition filed by five individuals on behalf of the wider group.
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The case was brought by Abigael Namanyi, Beryl Awuor, Phanice Okello, Leah Kayange and David Ochieng against the Nairobi County Government, with the National Environment Management Authority (Nema) listed as an interested party.
In documents dated September 18, 2023, the petitioners accused the county and Nema of jointly and severally infringing on their fundamental rights as protected under the Constitution’s Bill of Rights.
Through their advocate, Ken Amondi, the waste pickers told the court that they operate in dangerous and degrading conditions, often handling decomposing waste with bare hands and without protective gear. They described frequent exposure to sharp plastics, broken glass and hazardous medical waste.
They further stated that smoke and toxic fumes from burning garbage regularly pollute the air, while their earnings remain extremely low—averaging about Sh17 per kilogramme of recyclables, with plastic bags selling for between Sh50 and Sh55 depending on size.
The petitioners argued that despite long-standing knowledge of the risks, authorities had failed to reduce the hazards or rehabilitate the 47-hectare dumpsite.
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They relied on findings from studies conducted by Nema, Jica and the World Bank, which revealed high levels of heavy metals such as lead, mercury and cadmium in the soil and water, as well as methane and other toxic gas emissions. These pollutants were linked to respiratory diseases, developmental challenges in children and an increased risk of cancer.
In response, the Nairobi County Government, through its deputy director of environment Walter Onwenga, maintained that the waste pickers were not county employees and therefore not entitled to personal protective equipment (PPE). He argued that providing PPE would amount to misuse of public funds, noting that only 42 salaried county workers are assigned to the site and are fully equipped with budgeted protective gear.
However, Justice Omollo rejected this argument, citing Article 70(3) of the Constitution, which states that a petitioner does not need to prove personal injury or loss to seek redress for violations or threatened violations of the right to a clean and healthy environment.
Although the court found that the petitioners had not demonstrated a direct link between specific illnesses and pollution exposure, it ruled that environmental rights violations were ongoing, referencing the Isaiah Luyara precedent.
Consequently, the court ordered that each of the 1,032 waste pickers represented be awarded Sh25,000, with the Nairobi County Government directed to pay half of the legal costs. Enforcement of the ruling was suspended for 30 days.
Justice Omollo noted that the compensation took into account the length of exposure, the vulnerability of the affected group, and the nature of the proven violations.
