What a Nairobi ruling means for Africa’s informal waste economy

From the newsletter

Over 1,000 waste pickers in Kenya were awarded $195,000 by the High Court on February 5th after judges ruled that prolonged exposure to air pollution at the Dandora dumpsite violated their constitutional right to a clean and healthy environment. The decision marks a turning point for Africa’s circular transition, long dependent on informal recovery in largely unregulated systems.

• The ruling affirms that environmental rights apply regardless of employment status, bringing informal recyclers into the legal frame as rights-holders rather than invisible participants in waste systems.

• By linking liability to exposure and regulatory inaction, the decision pressures governments to reform informal waste systems, highlighting the legal and financial risks of tolerated informality.

More details

• In the class action suit filed in September 2023, five petitioners brought a case on behalf of 1,032 waste pickers working at the 47-hectare Dandora dumpsite, suing the Nairobi County Government with the National Environment Management Authority (NEMA) cited as an interested party. The High Court found that prolonged exposure to air pollution violated their constitutional right to a clean and healthy environment and awarded each claimant compensation, with total damages of approximately $195,000. While the individual payouts are modest, the ruling resonates beyond Dandora, as similar informal waste systems operate across African contexts where environmental rights are constitutionally protected.

• Central to the judgment was the court’s rejection of Nairobi County’s argument that it had no legal obligation to provide protective equipment or safeguards because the waste pickers were not county employees. The court affirmed that environmental rights apply irrespective of employment status and that relief could be granted without proof of personal injury, under Article 70(3) of Kenya’s Constitution. This establishes a legal precedent: governments cannot rely on informality to evade responsibility for hazardous conditions.

• Although the ruling focuses on Dandora, its implications extend across Africa. Informal waste workers in many countries face similar hazards without legal protections. The judgment establishes that governments cannot hide behind informality to avoid responsibility for hazardous conditions, and that regulatory failure alone, such as failing to provide safeguards or mitigate pollution, can trigger liability.

• The petitioners supported their case with studies from NEMA, the Japan International Cooperation Agency (JICA), and the World Bank showing high levels of heavy metals and toxic gases, evidence cited to show authorities had long been aware of environmental hazards. The court emphasised that prolonged exposure to unchecked pollution constitutes a violation of environmental rights, reinforcing state responsibility to prevent harm.

• Comparative research from other African informal waste hubs illustrates how widespread these risks are. A University of Michigan study of Agbogbloshie, one of the largest informal e-waste hubs in Ghana, describes an informal paradox whereby unregulated recycling sustains livelihoods while imposing severe environmental and health costs. Particulate air pollution in the settlement reached nearly five times World Health Organization guidelines, largely from open burning of plastics to recover metals, exposing workers and surrounding communities to escalating harm.

• Reflecting on these informal dynamics, Brandon Marc Finn, who led the Agbogbloshie study, argues that “a circular economy that does not attend to the most marginalised people who make it circular in the first place is not inherently just or sustainable.”

• Betterman Musasia, former CEO of Clean Up Kenya, sees broader implications: “Similar litigation could succeed at other dumpsites across the country. Residents around disposal sites may also sue, and county governments could respond with administrative restrictions that risk conflict with waste workers.”

Our take

• The Nairobi ruling could reshape Africa’s waste management industry. Companies operating near informal recovery hubs may face increased legal and financial exposure if they fail to safeguard workers or mitigate environmental risks. This could accelerate moves toward formalisation, integration of protective measures, and professionalisation of waste systems. 

• Investors and operators in the circular economy may need to reassess operational risks, compliance strategies and partnerships with informal waste workers to align profitability with emerging environmental and social accountability standards.