The road leading to the Mwakirunge dumpsite has become impassable due to the recent rains and the garbage.
As the world marks World Environment Day on 5 June, hundreds of residents of Mwakirunge in Mombasa are still waiting for justice after nearly two decades of living beside a dumpsite.
They lament that it has caused disease, environmental destruction, displacement and deaths.
For many families, the crisis dates back to 2007 when waste dumping began in the area. Since then, residents have reported toxic smoke, contaminated water, accidents involving garbage trucks, and the destruction of ancestral graves and land.
Despite years of petitions, protests and appeals to authorities, little has changed.
Their hopes now rest on a judgment expected on 19 June from the Environment and Land Court, following a petition filed by environmental lawyer Ainea Ragen and the Centre for Litigation on Environment and Governance (CLEG).
Ragen said their involvement began around 2020 after receiving reports of worsening conditions at the site.
A visit to Mwakirunge, he said, revealed thick smoke from burning waste and children scavenging through garbage instead of attending school.
Community leaders also presented years of correspondence with government agencies, petitions and records of protests, including incidents in which residents were arrested during demonstrations but never convicted.
“We conducted a reverse investigation by reviewing official documents to determine whether the dumpsite was legally approved,” Ragen said.
The team obtained environmental impact assessment records from the National Environment Management Authority (Nema), which they say showed the project had not been fully approved due to unresolved concerns, forming the basis of their argument that the dumpsite is operating illegally.
The petition also raises aviation safety concerns, noting that the site lies within a 13-kilometre radius of Moi International Airport, an area restricted due to risks posed by birds attracted to waste.
Frustrated by prolonged inaction, residents moved to court in February 2022, arguing that the dumpsite violates their environmental and human rights by exposing them to pollution and unsafe living conditions.
The case is supported by independent environmental and social impact assessments from Pwani University examining the effects on health, livelihoods and the surrounding ecosystem.
Court orders were issued halting dumping activities pending determination of the case, but the petitioners argue that compliance has been weak.
The petition seeks 13 remedies, including a declaration that the land is community land, an independent environmental audit, compensation for affected residents and full environmental restoration under the Environmental Management and Coordination Act.
Residents are also calling for the relocation of the dumpsite to a safer site.
The case further raises concerns over public funds allegedly allocated to waste management, including Sh30 million for a bulldozer, Sh100 million for fencing and Sh200 million for waste management activities, with a claimed limited visible impact.
It also seeks investigations into an alleged Sh82.2 million garbage collection contract between 2014 and 2016, with petitioners calling for updates from anti-corruption agencies.
Beyond the legal arguments, residents say the human toll has been severe, including reports of 16 graves buried under waste, four deaths linked to garbage trucks, the displacement of families and widespread illness caused by pollution.
Resident Nagib Shamsan said poor road conditions leading to the dumpsite have worsened access, especially during emergencies and the rainy season.
“The road is impassable. In emergencies, people spend hours trying to access the area,” he said.
He said residents are calling for urgent action to properly manage or relocate the dumpsite to protect lives and restore dignity to the community.
