Petition filed challenging legality of Nairobi County’s Green Army Project

A petition has been filed at the Milimani High Court challenging the constitutionality and legality of the Green Army project in Nairobi County.

The petitioners, Dedan Rachuonyo and Felix Odiwour, allege that the county-led initiative, designed to provide environmental clean-up jobs to thousands of young Kenyans, has instead subjected workers to inhumane and unlawful conditions.

"The Green Army Project was launched by the Nairobi City County government with the stated aim of improving environmental cleanliness in Nairobi. However, the conditions under which workers are  employed and the terms of their engagement in this project have been unconstitutional, illegal, and  exploitative," reads court papers.

According to the petition, workers under the Green Army are forced to work seven days a week, including public holidays, without weekly rest days or access to leave entitlements, in direct violation of the Constitution of Kenya and the Employment Act, 2007.

"Workers are paid salaries that are often below Ksh.17,000 after statutory deductions, which is not in line with the minimum wage requirements, and fails to meet the basic cost of living in Nairobi, especially given the hazardous nature of their work,” they argue.

The petition further claims that the project has no clear employment structure, leaving many workers without written contracts or job security.

The petitioners are seeking a court order compelling the Nairobi County Government and other named respondents to pay each Green Army worker Ksh.50,000 per month, backdated to January 2024.

This compensation is expected to include base salary, night work allowance, and risk compensation. They are also calling for the immediate establishment of a fair and reasonable working hours policy that ensures workers are not required to work continuously from Monday to Sunday and are granted weekly rest days and proper leave in line with the law.

In addition, the petition demands a review and increase of the workers’ remuneration to meet the minimum wage standards, taking into account the risks associated with the job. It also calls for the issuance of formal employment contracts that clearly define terms of service, job security, and rights in accordance with the Employment Act, 2007 and the Labour Relations Act, 2007.

The petitioners further urge the court to compel the respondents to provide adequate safety measures for workers, including safety gear, medical coverage, and health insurance as required by the Occupational Safety and Health Act (OSHA).

They also seek a declaration that the treatment of young, educated Kenyans under the Green Army project amounts to modern-day slavery and exploitation, demanding immediate corrective measures.

Finally, the petition seeks an order prohibiting any form of victimisation, reprisal, or disciplinary action against workers involved in the case, and calls for comprehensive compensation for all Green Army workers, estimated to be 5,000 in number, based on international best practices for environmental clean-up labour

Nairobi county Governor Johnson Sakaja, Nairobi City County Public Service Board have been named as respondents in the case.