Kenyan court orders Mombasa County to pay KSh 350 million over Mwakirunge dumpsite

The Environment and Land Court in Mombasa has ordered Mombasa County to pay KSh 350 million to more than 200 residents of Mwakirunge over pollution from the area's dumpsite, Taifa Leo reported on 2 October 2026.

Justice Lucas Naikuni found that the residents' constitutional right to a clean and healthy environment had been violated, according to Taifa Leo and Radio Kaya, which reported the ruling the same day. The residents were led by environmental activist Ainea Ragen, and the case was filed in the public interest.

The residents told the court they had lived with smoke, foul odours and other hazards from the dumping and burning of waste, Radio Kaya reported. Taifa Leo said the judge found that both the county government and the National Environment Management Authority (NEMA) had failed to take adequate measures to prevent and control pollution from the dump.

According to Taifa Leo, the court also ordered the county to start building a concrete wall at least six metres high around the dumpsite immediately, with secure gates. The county has 12 months to finish the work and must post enough guards and set up a system to control access to the site. The court also directed the county to acquire modern waste incinerators that meet international health and safety standards.

Taifa Leo reported that the judge turned down the residents' request to declare the 50-acre plot communal land, which it said meant the dump would not be relocated for now.

Mwakirunge is in Kisauni Sub-County. Ragen has been in court over the dumpsite before. The Star reported on 18 May 2022 that Justice Naikuni had ordered Mombasa County to stop disposing of waste at the site pending the hearing and determination of the case, on a petition from Ragen. The respondents included the county government and NEMA.

Ragen said at the time that thousands of Mwakirunge residents had always complained of toxic emissions from the dumpsite, The Star reported. The paper also reported that Mwakirunge lies on a flight path and that scavenging birds at the dump were a risk to low-flying planes landing at Moi International Airport.