Nairobi City Hall has been listed in a petition in court for allegedly disobeying court directives to have the Dandora dumpsite closed for use.
On August 24, petitioners Isaiah Luyara Odando and Wilson Yata moved to court through Amondi and Company Advocates, saying the plan to build a waste processing plant at the area was a contempt of court.
"The Nairobi County government has indicated a keen interest in continuing to operate the said dumpsite by advertising and shortlisting firms for a tender to design, build, finance operate, maintain and Transfer a ‘Waste to Energy’ Processing Plant at Dandora Dumpsite hence this court must move with speed to assert its authority by citing and punishing the Respondents for contempt and enforcing tie Petitioners rights to a clean environment as a result of the said contempt of court orders," the petition reads in part.
They noted that a judgement issued by the Environment and Land Court in July 2021, had also issued timeline for the closure and rehabilitation of the dumpsite but this was "deliberately" ignored.
This comes after the county government went ahead with advertising and shortlisting tenders for the construction of a waste recycling plant in the area.
This is despite the aforesaid judgement issued orders requiring the National Environment Management Authority ( Nema) to close the dumpsite.
It further ordered the defunct Nairobi Metropolitan Services (NMS) to get a new site.
This was aimed at reducing the impact of environmental pollution.
The petition was received by Judge Oguttu Mboya, who certified it as urgent.
"That the instant application be and is hereby certified as urgent and same shall be heard on priority basis," the court order reads.
Mboya further directed that the application be served to the respondents within seven days from August 24.
The respondents indicated in the application are Nema Director General Mamo B. Mamo, Nairobi Green County Committee member Ibrahim Auma, Environment Committee member Hibrahim Otieno, and County Chief Officer Department of Water and Sewerage Oscar Omoke.
The case will be heard on an inter partes basis on September 20, 2023.
