The Environment and Land Court in Malindi has ordered the immediate closure and relocation of a controversial dumpsite in Casuarina, finding that its continued operation infringes on residents’ constitutional right to a clean and healthy environment.
In a judgment delivered virtually on May 26, Justice Mwangi Njoroge directed the County Government of Kilifi to cease all waste disposal activities at the site and relocate the dumpsite to a location that complies with environmental regulations and sustainable waste management standards.
The court further issued a permanent injunction barring the county government and Malindi Municipality from transporting, dumping, storing, or disposing of waste at the site or its surrounding areas.
The case was filed by the Malindi Residents Development Group (MRDG) and the Progress Welfare Association of Malindi (PWAM), who accused the county government and municipal authorities of failing to properly manage solid waste, thereby exposing residents to serious environmental and health hazards.
Justice Njoroge held that the continued use of the dumpsite violated several constitutional rights, including the right to a clean and healthy environment, access to sanitation, consumer protection, and access to information.
“The continued operation of the dumpsite has resulted in violations of the petitioners’ constitutional rights and freedoms,” the judge ruled.
The court also ordered the immediate rehabilitation and restoration of the degraded land and the surrounding environment.
Additionally, the County Executive Committee Member for Water, Environment and Natural Resources was directed to ensure a complete halt to all waste transportation, storage and disposal activities at the site.
The county government was warned that failure to comply with the orders could attract statutory sanctions and contempt of court proceedings.
In a major financial blow, the court awarded residents Sh120 million in compensatory damages against the County Government of Kilifi and Malindi Municipality jointly.
The National Environment Management Authority (NEMA) was also ordered to pay Sh30 million in damages, bringing the total compensation to Sh150 million.
The county government has been granted 120 days to fully implement the court’s directives.
Reacting to the ruling, PWAM Vice Chairperson Philip Ayub Chai described the judgment as a landmark victory for residents who have campaigned for years against pollution from the dumpsite.
“For years, residents have endured pollution caused by uncontrolled waste disposal and frequent burning of garbage, which releases harmful emissions into the atmosphere,” Chai said.
Casuarina resident Erena Godwin welcomed the decision, saying it offered hope for environmental restoration and improved public health.
“Today, the court has ordered the relocation of the dumpsite and restoration of the affected land, giving Malindi a chance to protect public health, restore its environment and strengthen its tourism economy,” she said.
Environmental groups praised the judgment as a strong statement on accountability.
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