Court Awards Compensation to Dandora Waste Pickers Over Rights Violations

The High Court has awarded compensation to 1,032 waste pickers working at Nairobi’s Dandora dumpsite, ruling that their constitutional right to a clean and healthy environment was violated.

Sitting in Kisii, Justice Anne Omollo ordered that each of the affected individuals receive Sh25,000 in damages. The court also directed the Nairobi County government to pay half of the legal costs incurred in the case.

The petition was filed in September 2023 by five representatives, Abigael Namanyi, Beryl Awuor, Phanice Okello, Leah Kayange and David Ochieng, on behalf of fellow waste pickers operating at the 47-hectare dumpsite. They argued that both the county government and the National Environment Management Authority (Nema) had failed to protect their constitutional rights, despite longstanding knowledge of the health and environmental risks at the site.

In their submissions, the petitioners described working conditions marked by constant exposure to hazardous waste. They told the court they handle decomposing rubbish without protective equipment, coming into contact with broken glass, sharp plastics and medical waste, while inhaling smoke from burning refuse. The court heard that their earnings are minimal, with plastic recyclables selling for as little as Sh17 per kilogramme and larger bags fetching between Sh50 and Sh55.

The petition relied on studies by Nema, the Japan International Cooperation Agency (Jica) and the World Bank, which documented high levels of heavy metals in surrounding soil and water. The reports also cited methane emissions and other toxic gases linked to respiratory illness, developmental disorders and cancer.

Nairobi County denied responsibility for the welfare of the waste pickers, arguing that they are not county employees. The deputy director of environment, Walter Onwenga, told the court that only 42 formally employed staff work at Dandora and that these workers are provided with uniforms, tools and protective gear. Extending similar support to informal workers, he said, would amount to improper use of public funds.

Justice Omollo dismissed this argument, citing Article 70(3) of the Constitution, which allows courts to grant relief for violations of environmental rights without requiring proof of personal injury. Although the petitioners did not demonstrate specific medical conditions caused by pollution, the court found that continued exposure to hazardous conditions amounted to a constitutional breach.

The judge relied on the earlier Isaiah Luyara decision, which affirmed that environmental rights are collective in nature and do not depend on individual proof of illness. She noted that the waste pickers’ prolonged exposure, vulnerable status and the seriousness of the violations justified the award.

The judgment has been stayed for 30 days to allow for execution. In her ruling, Justice Omollo observed that informal workers play a critical role in Nairobi’s waste management system yet remain excluded from basic protections.