Court declines bid to halt Nairobi’s Green Army initiative amid labour rights petition

Court declines bid to halt Nairobi’s Green Army initiative amid labour rights petition

Justice Lawrence Mugambi ruled that halting the programme at this stage would be premature and instead directed that the matter be heard and determined on merit through a structured process.

The High Court in Nairobi has rejected an attempt by Lang’ata MP Felix Odiwour (Jalang’o) and Dedan Rachuonyo Okello—acting for a prominent Embakasi East leader—to suspend Nairobi’s Green Army initiative, a county programme that employs over 3,500 youth to clean and beautify the city.

The two had filed an urgent petition seeking to temporarily halt the initiative, citing concerns about labour practices and the welfare of the workers involved.

In their petition, they urged the court to stop the deployment of Green Army workers at night and on weekend shifts, suspend payment of their salaries until the case is determined, compel the workers to return all equipment issued by the county, and grant any other interim relief deemed appropriate.

Jalang’o, in court documents, stated that the main concern was the welfare of the young people involved in the programme.

“Our concern is the welfare of the youth involved,” Jalang’o noted in court documents.

However, Justice Lawrence Mugambi, who heard the application, declined to grant the conservatory orders sought. He ruled that halting the programme at this stage would be premature and instead directed that the matter be heard and determined on merit through a structured process.

“I decline to issue conservatory orders at this stage. Instead, this court shall set a clear schedule to allow the matter to be heard expeditiously,” Justice Mugambi ruled.

The judge ordered that the Nairobi County Public Service Board and all relevant parties be served with the petition within seven days. He further directed that the respondents file their replies within a similar period upon being served, and granted the petitioners an additional seven days to file any responses.

The matter is scheduled to return to court for mention on June 25, 2026.

Justice Mugambi warned that any party who fails to adhere to the timelines set out in his directions would face appropriate legal sanctions.

Job creation scheme

The Green Army initiative, introduced by the Nairobi County Government, was marketed as a job creation scheme to help clean up the capital while empowering thousands of young people.

However, the petitioners allege that the project has morphed into a tool of exploitation, where workers, mostly youth, are forced to endure dehumanising working conditions without basic labour protections.

“The Green Army Project was launched by the Nairobi City County government with the stated aim of improving environmental cleanliness in Nairobi. However, the conditions under which workers are employed and the terms of their engagement in this project have been unconstitutional, illegal, and exploitative,” reads part of the court filing.

Little wages

According to the petition, workers under the programme are compelled to work seven days a week, including public holidays, without rest days or leave, in direct violation of Article 30 of the Constitution and the Employment Act, 2007. The petition also claims that the county government has been paying wages that are below the minimum threshold, often less than Sh17,000 after statutory deductions.

The petitioners argue that this salary is insufficient to sustain a basic standard of living in Nairobi, especially considering the health risks and hazards associated with environmental clean-up work. Further, many of the workers reportedly lack written contracts and are therefore denied legal job security and workplace rights.

The suit accuses the county of failing to provide structured working hours, denying workers access to leave days, and operating without a proper employment framework—allegedly in contravention of multiple labour laws.

As part of their demands, Rachuonyo and Jalango are asking the court to compel the Nairobi County Government and other named respondents to pay each Green Army worker Sh50,000 monthly, retroactive from January 2024. The figure is intended to account for base pay, night work allowances, and risk compensation.

Fair working hours

They are also pushing for the immediate establishment of fair working hours that include mandatory weekly rest days and lawful leave provisions.

They also want the current pay structure reviewed to align with the statutory minimum wage and to reflect the hazardous nature of the duties performed.

The petitioners further demand the issuance of formal employment contracts that clearly outline terms of service, job security, and worker entitlements under the Employment Act, 2007 and the Labour Relations Act, 2007.

They are also calling for the county government to provide adequate safety gear, medical coverage, and health insurance as required by the Occupational Safety and Health Act (OSHA).

The petitioners liken the treatment of Green Army workers, described as young and educated Kenyans, to modern-day slavery. They are urging the court to make a declaration to that effect and to order immediate structural reforms within the programme.

The petition also seeks an order barring any form of victimisation, disciplinary action, or reprisal against workers who are part of the legal challenge.

They are calling for full compensation for all current and former Green Army workers, estimated to be around 5,000, based on international best practices for labour engaged in environmental clean-up tasks.

Governor Johnson Sakaja and the Nairobi City County Public Service Board have been named as respondents in the case.

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