High Court throws out case challenging Ksh.47B Waste-to-Energy processing plant in Dandora

Judge Anne Omolo ruled that the case was prematurely filed adding that there was no proof of any violation of the right to a clean and healthy environment.

“In light of the foregoing analysis, this court concludes that the petition is premature and without merit, it is struck out,” the court ruled

The court noted that the intended project was intended to preserve the environment and the public good.

The judge also noted that the process of advertising, evaluating and awarding of tender does not touch on the use and occupation of land and therefore the Environment and Land Court has no powers to declare any such award as illegal or otherwise.

In the case, Nairobi County had contracted a Chinese company to design and construct a recycling plant in Dandora. 

However, a petition was filed in court by petitioner Advin Muthoni Mbae who argued that the public and residents of Dandora who would be directly affected by the construction of the said waste-to-energy plant were not informed or given an opportunity to air their grievances.

The High Court in 2023 issued orders stopping the Nairobi County Government from going on with the project which was to be carried out by China National Engineering Company.