A court in Malindi has ordered the immediate closure of a dumpsite in the town, ruling that it violates residents rights to a clean and healthy environment.
Justice Mwangi Njoroge of the Environment and Land Court ordered that the dumpsite be relocated to a new site that complies with environmental laws and sustainable waste management standards.
In a judgment delivered virtually on May 26, the court prohibited the county government of Kilifi from transporting, dumping, or disposing waste at the dumpsite and its surrounding areas.
The judgment arose from a petition filed by Malindi Residents Development Group (MRDG) and the Progress Welfare Association of Malindi (PWAM).
The petitioners claimed that the county and the Malindi municipality were not managing solid waste properly, thus exposing residents to environmental and public health risks.
Justice Njoroge found that the continued operation of the dumpsite violated residents’ constitutional rights, including the right to a clean and healthy environment, access to sanitation, consumer protection, and access to information.
The court issued a permanent injunction barring any future waste disposal activities at the site and ordered the immediate rehabilitation and restoration of the degraded land and surrounding environment.
County executive for water, environment and natural resources was directed to ensure a complete halt to waste transportation, storage, and disposal at the site.
The court warned that failure to comply could result in statutory penalties and contempt proceedings.
The court also awarded Sh120 million in compensatory damages jointly against the county government and the Malindi municipality.
The National Environment Management Authority (NEMA) was also ordered to pay Sh30 million in damages.
The county government has been given 120 days to fully implement the court’s directives.
Speaking after the judgment, PWAM vice chairperson Philip Ayub Chai described the ruling as the culmination of years of advocacy by residents seeking action on waste management challenges in Malindi.
The dumpsite is located within the Casuarina neighbourhood, an area that hosts residents, hotels, and tourism facilities, making the environmental impact particularly severe.
“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.
He added that residents had repeatedly engaged county authorities and environmental agencies without success.
Casuarina resident Erena Godwin welcomed the judgment, describing it as a victory for the entire Malindi community.
She said pollution from the dumpsite affected not only Casuarina but also neighbouring areas such as Muyeye, the Marine Park, and sections of Malindi town.
“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.
Residents living near the dumpsite also expressed relief.
Daniel Safari Charo from Milano Estate in Muyeye said the site had posed health risks to surrounding communities for years.
Environmental conservation groups equally welcomed the ruling.
Charity Beduli, Vice Chairperson of Malindi Green and Blue, said the judgment reinforces the obligation of county governments to uphold environmental laws and constitutional protections.
“This is a victory for environmental justice and a reminder that public institutions must be held accountable in the management of waste,” she said.
However, concerns remain among families who rely on scavenging activities at the dumpsite for their livelihoods.
Thomas Masha, Christopher Magana, and Jane Mwango urged the county government to consider alternative income opportunities for affected families during the relocation process.
County executive for water, environment and natural resources Omar Said Omar said the county government was reviewing the judgment.
“The county attorney is studying the ruling and will advise on the next course of action, including whether to appeal or comply with the court’s directives,” he said.
He added that waste generated within Malindi municipality is currently being disposed of at an alternative site in Tezo as the county evaluates its next steps.
