In a landmark ruling for environmental justice, the High Court has awarded Ksh25.8 million to over 1,000 waste pickers at the Dandora dumpsite, affirming their right to breathe clean air even amidst the city’s filth.

For decades, the Dandora dumpsite has been a festering sore on Nairobi’s landscape—a sprawling, smoking mountain of garbage that chokes the skyline and poisons the lungs of those who toil within it. On Wednesday, Justice Anne Omollo of the Environment and Land Court declared that the Nairobi County Government and the National Environment Management Authority (NEMA) had failed in their constitutional duty to protect these workers. The court ordered a compensation payout of Ksh25,000 to each of the 1,032 registered claimants.

While the sum per person is modest, the precedent is monumental. The ruling legally recognizes that the poorest and most marginalized workers—those who salvage value from the city's waste—are entitled to the same constitutional protections as the residents of the leafy suburbs. "The failure by the county government to properly manage waste and mitigate pollution amounted to a violation of the petitioners' rights to a clean and healthy environment," Justice Omollo ruled.

A Life in the Smog

The case, filed in September 2023 by five petitioners on behalf of the group, painted a harrowing picture of life at the dumpsite. Witnesses testified about constant exposure to toxic fumes from burning plastic, medical waste, and industrial chemicals. Women spoke of irregular menstrual cycles and respiratory illnesses, while others detailed the daily indignity of working without protective gear in hazardous conditions.

The court found that the respondents had breached Article 42 of the Constitution, which guarantees every Kenyan the right to a clean and healthy environment. By allowing the dumpsite to operate in its current chaotic state, the authorities were deemed complicit in the slow poisoning of the waste pickers. The judgment is a stinging indictment of the city's waste management strategy, which has long relied on dumping and forgetting.

The Future of the Dumpsite

This legal victory places renewed pressure on Governor Johnson Sakaja’s administration to finally address the "Dandora question." Plans to decommission the site or convert it into a waste-to-energy plant have stalled for years, bogged down by bureaucracy and lack of funds. This ruling signals that the judiciary is no longer willing to accept inaction as an excuse for environmental negligence.

• The Payout: The total award of Ksh25.8 million must be paid by the Nairobi County Government.
• The Precedent: This opens the door for other communities affected by pollution—such as those living near lead factories or sewage plants—to sue for damages.
• The Reality: While the money is a victory, the dumpsite remains. The waste pickers will return to work tomorrow, but they do so now with a court judgment in their back pocket that says their lives matter.

As the waste pickers celebrate this rare win, the challenge shifts to enforcement. In a country where court orders are often ignored by the executive, ensuring that this compensation actually reaches the bank accounts of the claimants will be the next, and perhaps toughest, battle. But for now, the invisible army of Dandora has been seen, heard, and vindicated.