ENSURE COMPLIANCE

Court stops Mombasa county from dumping at Mwakirunge

Petitioner says toxic emissions are affecting residents living in the area.

In Summary
  • Mwakirunge is also a flight path, meaning the scavenging birds at the dumpsite are a risk to low flying planes landing at the Moi International Airport.
  • The petitioner has has sued Mombasa county, Mombasa finance chief officer, Lands Cabinet Secretary, Nema, KAA and Auditor General.
County truck disposing of waste at Mwakirunge dumpsite in Kisauni subcounty.
County truck disposing of waste at Mwakirunge dumpsite in Kisauni subcounty.
Image: AURA RUTH
Part of the 60 acres of land where the Mwakirunge dumpsite is located.
Part of the 60 acres of land where the Mwakirunge dumpsite is located.
Image: AURA RUTH

The High Court has ordered the Mombasa county government to stop dispositing waste at the Mwakirunge dumpsite in the Kisauni subcounty.

Mombasa Lands and Environment Court judge Lucas Naikuni issued the orders on May 11 after petitioner Ainea Ragen moved to court.

Ragen, a public interest litigator, said thousands of Mwakirunge residents have always been complaining of toxic emissions coming from the dumpsite.

Mwakirunge is also a flight path, meaning the scavenging birds at the dumpsite are a risk to low flying planes landing at the Moi International Airport.

When the county declared the area as a dumping site, different entities, including Kenya Airports Authority, Kenya Civil Aviation and National Environment Management Authority did not approve of the proposal.

Ragen has sued Mombasa county, Mombasa finance chief officer, Lands Cabinet Secretary, Nema, KAA and Auditor General.

The Ethics and Anti-corruption Commission and Directorate of Criminals Investigations are listed as interested parties. 

In his orders, Naikuni directed the county to immediately stop disposing of the waste at Mwakirunge, pending a hearing and determination of the matter.

The court also issued an order to OCS Kiembeni police station, in whose jurisdiction the dumpsite is situated, to ensure compliance with the same order and maintenance of law and order.

The matter is scheduled to come for a hearing on June 20 this year.

 

(edited by Amol Awuor)

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