An Environment Court has temporarily suspended a decision by the Nairobi County Government to award a Chinese firm a Sh47 billion tender to set up a 45 megawatts garbage-powered electricity plant at the Dandora dumpsite.
Justice Edward Wabwotto issued the order following an application filed by a resident of Dandora phase 4.
Advin Mbae told the court that there was no feasibility study done before the tendering process commenced and neither was there an environmental impact assessment on the said project before approving its suitability on the earmarked site.
He also claims that the county did not conduct any public participation exercise prior to the contract.
The county on July 25 this year, awarded the tender to China's national electric engineering company.
It was tender to design, finance, build, operate, maintain and transfer waste to an energy processing plant at Dandora dumpsite.
“Our right to a clean and healthy environment as residents of Dandora and its environs are at risk as the construction of the dumpsite involves burning of toxic and radioactive substances,” he says.
Mbae cites another case where the environment court had ordered the Nairobi Metropolitan Services, an entity succeeded by the county, to take steps to decommission the Dandora dump site and relocate it to another site within 6 months from July 15 2021.
The actions of the county, he says, if not stopped will be in breach of that order.
“That dumpsite is still being operated by the county in a clear contravention of a court order and without a care of the irreversible health threats it's causing through the release of toxic and carcinogenic gases,” read part of the court documents.
Justice Edward Wabwoto directed the matter to be mentioned further on October 23. It will be mentioned before the Presiding Judge of the Environment and planning division.
