Court temporarily halts Dandora dumpsite project amid outcry from local community
People collect recyclable materials at the Dandora dumpsite in Nairobi.
A plan by the Nairobi City County government to convert the 30-acre Dandora dumpsite into a waste-to-energy plant has been thrown into disarray after the Environment and Lands Court suspended the multi-million shilling project.
Justice Edward Ombwoto granted an interim injunction pending the hearing and determination of a petition by Dandora residents who argued that the proposed development violated their rights to a clean environment and did not follow proper procedures.
“That a temporary injunction is hereby issued staying the Nairobi City County government decision to award the tender to China National Electric Engineering Company pending the hearing and determination of this application,” the ruling said.
One of the Dandora residents, Advin Muthomi Mbae, had moved to court challenging the project. In his application, he argued that the Nairobi City County government had failed to carry out public participation and a feasibility study on the proposed project before launching the tendering process.
“The respondent did not conduct public participation nor was there a feasibility study done before the tendering process commenced to ascertain the environmental impact on the construction of such a plant in the affluent Dandora Estate,” the petition read.
Mr Mbae also told the court that the county government was planning to go ahead with the construction despite a 2019 court order ordering the defunct Nairobi Metropolitan Service (NMS) to close the site and relocate it elsewhere.
The court ruling is a setback for the Nairobi City County government, which had plans to build a 45-megawatt waste-to-energy plant on the 30-acre site. The plant was expected to process 2,500 tonnes of municipal waste per day.
City Hall was in the final stages of awarding the contract to China National Electric Engineering, which had met all the requirements set by the county government.
The project, according to a tender letter seen by the Nation, has an investment value of Sh47 billion, with the company required to deposit a performance bond of Sh2.3 billion before signing the contract.
Apart from implementing the project, the company was expected to cater for the thousands of residents of Korogocho, Baba Dogo, Mathare and Dandora who currently eke out a living by recycling materials from the dumpsite at the risk of their health.
"There are currently about 3000 people who live in the proposed dumpsite and make a living directly from recycling materials. The aim of the County Government is to provide an opportunity for alternative and dignified livelihoods and to develop a decent social infrastructure that guarantees a high quality of life for all," said City Hall.
Under the proposed public-private partnership, the winning company would design, build and operate the project for an agreed period to recoup its investment before handing it over to the county government.
