Dandora dumpsite waste pickers awarded Sh25,000 each over rights violations

Dandora dumpsite /FILE 

At least 1,000 waste pickers at the Dandora dumpsite have been awarded Sh25,000 each following a High Court ruling recognising violations of their constitutional rights.

The decision, delivered by Justice Anne Omollo at Kisii High Court on February 5, followed a suit filed by five representing the broader group.

The plaintiffs—Abigael Namanyi, Beryl Awuor, Phanice Okello, Leah Kayange and David Ochieng—sued Nairobi government, with the National Environment Management Authority (Nema) cited as an interested party.

In their plaint, dated September 18, 2023, they alleged that the county and Nema had “jointly and severally been responsible for continued infringement of their fundamental rights in the bill of rights.”

Through their lawyer, Ken Amondi, they told the court they work under “harsh and deplorable conditions,” often with bare hands and no protective clothing, handling “raw and decomposing waste containing sharp plastics, broken glass and medical refuse.”

They said smoke and fumes from burning waste fill the air and their earnings are extremely low, “averaging between Sh17 per kilogramme of recyclable material, while a bag of plastic fetches between Sh50 and 55 depending on size.”

They argued that the government had failed to mitigate the hazards or rehabilitate the 47-hectare dumpsite despite longstanding awareness of the risks.

The plaintiffs cited studies by Nema, Jica and the World Bank showing “high concentrations of heavy metals including lead, mercury and cadmium in soil and water, as well as methane and toxic gas emissions,” which contribute to respiratory illnesses, developmental disorders in children, and elevated cancer risk.

The county government, through deputy director of environment Walter Onwenga, countered that the waste pickers were not county employees.

“We are under no legal obligation to provide personal protective equipment (PPE) to them since they are not county employees and are not budgeted for, adding that doing so would result in wastage of public funds," he submitted.

He said only 42 salaried staff are deployed at Dandora, “regularly supplied with adequate PPE, uniforms and work tools, all of which are budgeted for, accounted for, and provided by the county.”

Justice Omollo, however, ruled that “Article 70(3) of the constitution expressly provides that an applicant does not have to demonstrate personal loss or injury in order to obtain redress for a violation or threatened violation of the right to a clean and healthy environment.”

While the plaintiffs had not established a direct causal link between individual illnesses and pollution, the court found that violations of environmental rights persisted, citing the precedent in the Isaiah Luyara case.

As a result, the court awarded Sh25,000 to each of the 1,032 waste pickers represented, with half of the legal costs to be borne by the county.

Execution of the judgment was stayed for 30 days.

Justice Omollo noted that the award reflects “the duration of exposure, the vulnerability of the affected group and the nature of the established violations.”