The Bungoma county government has been given 30 days to fix the Lumoro dumpsite in Bumula constituency failing which the landfill be closed down.
Petitioners John Khaoya and Martin Wanyonyi had sued to have the county forced to ensure their right to a clean environment.
Bungoma High Court Judge Boaz Olao said the petitioners had proved beyond a reasonable doubt that their right to a clean and healthy environment had been infringed.
“A finding is made here that the dumpsite has infringed on the right of the residents of Lumoro village contrary to the law and that is not in doubt,” Olao said.
Lumoro villagers last week blocked county trucks from dumping garbage at the dumpsite, forcing authorities to deploy police to escort the trucks.
The court, however, declined to close the dumpsite, saying the county had pleaded that they have no other place to dump the garbage. The government said closing the dumpsite would create a crisis.
“I am satisfied beyond a reasonable doubt that the petitioners have proved that their rights have been infringed and seek an order to close the dumpsite. However, the county has submitted that there is no other place to dump the waste if the current one is closed. I agree that such action will create another problem in another village,” Olao said.
He directed that the county seeks an environmental impact assessment from the National Environmental Management Authority and abide by the laws required for a dumpsite within 30 days.
The court directed that the dumpsite be closed down within 60 days if the county failed to abide by the set conditions.
Among the requirements for a dumpsite is that it should have a perimeter wall and be treated regularly. But the Lumoro dumpsite is an open space. Residents have been complaining that they were being exposed to diseases given the landfill's poor state.
Olao also declined to grant orders to compensate victims that had been affected by the dumpsite saying the petitioners failed to prove the case in court. The petitioners had sought to have all victims that had suffered diseases because of the dumpsite compensated.
edited by p. obuya
