Petition filed to stop Ksh.47B Nairobi County Gov't project at Dandora dumpsite

This is after it issued orders stopping the award to build the plant awarded to China National Engineering Company pending hearing and determination of the case.

According to court documents filed by a Dandora resident, Advin Muthomi Mbae, the dumpsite is still being operated by the county government of Nairobi in contravention of a court order and without observing the precautionary principles thus posing health threats.

He is accusing the county of not enjoining the public to participate and for not conducting a feasible study.

“The Nairobi County did not carry out an environmental impact assessment on the said project before approving its sustainability on the earmarked site," reads the court documents.

He is asking the court to observe thoroughly and find that the County has violated the constitution and is likely to endanger the environment.

Through lawyer Kelvin Mwenda Gitari, the petitioner says that there are existing court orders issued where the county was ordered to decommission and relocate the Dandora Dumpsite adding that the intention to put waste energy in the very same place is a breach of the said order.

Further, the petitioner says that the project worth Ksh.47 million is likely to suffer in the event the petition is allowed.

“It is only fair that this court grants the injunction to stop the commencement of the said project pending the hearing and determination of the application herein,” reads the papers.

 Advocate Mwenda Gitari for the petitioner stated: "A former Governor Roy Barnes stated that the law should be a shield for the weak and powerless, not a club for the powerful. Devolution is not an absolute right by the County Gov't to strip public assets and commit public resources without regard for the public or the law. We will defend our client's rights as a taxpayer and a resident against those who put private interests before the public interest. "

The matter will be mentioned for further directions on the 23rd of October this year.

In 2021, the Environment and Land Court ordered that the dumpsite be closed and relocated away from Dandora by February 2022.

After shutting it down, the court also ordered the then NMS Director General Mohammed Badi to rehabilitate the dump site.

He was also ordered to work with the National Environment Management Authority (NEMA) to put in place strategies to separate and recycle waste.

The dumpsite covers 30 acres.

In  April this year, President William Ruto announced that the Dandora dumpsite be converted into an energy city.