A landmark environmental justice victory has been achieved in Malindi after the Environment and Land Court ordered the closure and relocation of the Malindi dumpsite, following a petition filed by the Malindi Residents Development Group (MRDG), with legal support from Kituo Cha Sheria.
The matter, Malindi Residents Development Group & another v County Government of Kilifi & 4 others, Petition No. 6 of 2022, was determined by the Environment and Land Court at Malindi, with judgment delivered on 26 May 2026 by Justice Mwangi Njoroge. The petition challenged the continued operation of the dumpsite and raised concerns over environmental degradation, public health risks, and violations of residents’ constitutional rights.
The Court found that the continued dumping and burning of waste at the site violated residents’ constitutional rights, including the right to a clean and healthy environment, health, and access to information. The Court further directed the County Government of Kilifi to cease waste disposal activities at the site, identify and relocate the dumpsite to a suitable location in compliance with environmental laws, and undertake restoration of the degraded environment.
The case centred on concerns raised by residents over the impact of uncontrolled waste disposal at the dumpsite located in the Casuarina area of Malindi. Evidence presented before the Court highlighted concerns including pollution, open burning of waste, and the risks posed to surrounding communities, ecosystems, and livelihoods.
Through the support provided by Kituo, the affected community was able to pursue legal remedies and seek accountability for environmental harm. The judgment represents a significant milestone in advancing environmental justice and demonstrates the importance of community-led action in protecting constitutional rights and holding duty bearers accountable.
The Court’s decision further reinforces the obligation of public institutions to ensure sustainable waste management practices that protect communities and safeguard the right to a clean and healthy environment.
Full Judgment: https://kituochasheria.or.ke/wp-content/uploads/2026/06/DOC-20260529-WA0030.pdf
By Rony Alal
Communications Officer, Kituo Cha Sheria