MOMBASA, Kenya—The Mombasa County Government has been ordered to pay more than Sh350 million in compensation to over 200 residents of Mwakirunge after the Environment and Land Court found that pollution from the area’s dumpsite violated their constitutional right to a clean and healthy environment.
Justice Lucas Leperes Naikuni delivered the judgment at the Environment and Land Court in Mombasa, bringing an end to a legal battle arising from years of complaints over conditions around the dumpsite.
The residents had complained of prolonged exposure to pollution, including toxic smoke, foul odours and other hazards associated with waste disposal at the site.
The case was filed in the public interest on behalf of the affected residents, who argued that continued pollution from the dumpsite had exposed the community to environmental harm and that the responsible authorities had failed to adequately protect their constitutional rights.
The residents had for years raised concerns about smoke from burning waste, persistent foul smells and other effects associated with the dumpsite, which serves as a major waste-disposal site in Mombasa.
In his judgment, Justice Naikuni awarded the affected residents Sh350 million in compensation for the violation of their environmental rights.
The ruling places renewed focus on the responsibility of county governments to manage waste in a manner that protects communities and complies with environmental laws.
It also highlights the legal remedies available to communities that suffer environmental harm and believe authorities have failed to protect their right to a clean and healthy environment.
For the more than 200 Mwakirunge residents who pursued the case, the compensation award marks a significant development after years of complaints and legal action over pollution linked to the dumpsite.
The judgment is expected to keep attention on waste management in Mombasa and the environmental impact of facilities located near residential communities.
