Plans by Nairobi County to contract a Chinese company to design and construct a recycling plant in Dandora is expected to proceed after a Lands Court threw out a petition challenging the same.
In dismissing the petition, Justice Anne Omolo said the matter was filed prematurely as there was no proof of any violation of the right to a clean and healthy environment.
The petitioner-Advin Muthoni Mbae had asked the court to declare that his rights had been violated.
He had claimed that the public and residents of Dandora who will be directly affected by the construction of the said waste-to-energy plant were not informed or allowed to air their grievances.
He sought to quash or nullify the county’s decision dated July 25, 2023, to award the tender to design, finance, build, operate, maintain, and transfer a waste-to-energy processing plant at Dandora Dumpsite to M/s China National Electric Engineering Company.
But the Judge said she could not grant the orders sought as there is currently no proof of any violation of the right to a clean and healthy environment.
The judge said she analysed the documents filed by the parties in relation to the case and there is no dispute that no activity has commenced on the Dandora dumpsite save for the awarding of the tender.
The county through advocate James Kihara had during the hearing of the case informed the court that it was only the tender which was awarded and they were yet to sign a contract.
“There being no contract signed between the county and the Chinese firm, this court cannot infer that the scope of works to be would violate the rights of the petitioner. To this extent, I find that the petition was filed prematurely,” said the Judge.
The jurisdiction of the court to handle the case was also raised but the judge said the constitution gives the court authority to deal with disputes concerning use and occupation of land.
"The process of advertising, evaluating or awarding of tender does not touch on use and occupation of land. Consequently, this court has no power to declare any such award illegal or otherwise," she added.
The petition was filed on September 1, 2023.
The petitioner argued in his papers that the process of advertising, evaluation and award of the tender was done in an opaque manner.
He argued that there was no public participation. He also claimed his rights had been violated but the county contested the same saying it was not proven.
The county government advertised the tender to build a waste energy processing plant at Dandora dumpsite, and both local and international bidders were invited.
The deadline was June 20, 2023, and 18 firms were invited to tender.
At the opening of the bids, three tenders were submitted including China National Electric Engineering Company, Micro-Power Corporation and China Tianying Inc.
China National Electric Engineering Company was picked.