Malindi Residents Welcome Closure of Dumpsite

By Julius Mwabonje

Email, thecoastnewspaper@gmail.com

Malindi residents have won a major environmental victory after the Environment and Land Court ordered the closure and relocation of the controversial Malindi dumpsite located near Casuarina area.

In a landmark judgment delivered virtually on May 26, 2026, Justice Mwangi Njoroge barred the County Government of Kilifi from transporting, dumping, or disposing of waste on Plot No. 5143 in Malindi and its surrounding areas.

The court further directed the county government to identify and relocate the dumpsite to a sustainable and legally compliant location in line with the Sustainable Waste Management Act, 2022 and the Environmental Management and Co-ordination Act, 1999.

The ruling stems from ELCPET/E006/2022 petition filed by the Malindi Residents Development Group (MRDG) and the Progress Welfare Association of Malindi (PWAM) that accused the county government, Kilifi CEM for Water, Environment and Natural resources, Kilifi CEM for Lands Energy Housing and physical planning and the Malindi Municipality of environmental mismanagement, public health negligence and violating residents’ constitutional rights through the continued operation of the dumpsite.

The court found that the respondents had failed to maintain a safe solid waste management system, thereby violating residents’ rights to a clean and healthy environment, reasonable standards of sanitation, consumer protection and access to information as guaranteed under the Constitution.

Justice Njoroge issued a permanent injunction restraining the county government, its employees and agents from any further waste disposal activities at the site.

The court also ordered the immediate restoration and rehabilitation of the degraded dumpsite and adjoining areas to their original environmental condition.

In addition, the Kilifi County Executive Committee Member for Water, Environment and Natural Resources was directed to enforce a complete cessation of waste transportation, storage and disposal at the site, warning that failure to comply would attract statutory sanctions and contempt of court proceedings.

The court awarded Ksh120 million in compensatory damages jointly to the petitioners with the amount to be paid by the county government, and Malindi Municipality.

The Court further awarded Ksh30 million in compensatory damages against the National Environment Management Authority (NEMA).

The county government has been given 120 days to fully comply with all court directives.

PWAM vice-chairperson Philip Ayub Chai described the ruling as the culmination of a long struggle by Malindi residents to compel the county government and municipal authorities to address waste management challenges in the town.

Chai noted that the dumpsite was located within the upscale Casuarina area, home to local residents, international hotels and tourism facilities, making its continued operation a major environmental and public health concern.

“For years, residents have endured pollution from uncontrolled waste disposal and the frequent burning of garbage, which releases toxic fumes into the atmosphere. The waste deposited at the site has not been limited to household refuse.

There have been concerns about medical waste from health facilities, including Malindi Sub-County Hospital, finding its way to the dumpsite due to inadequate disposal mechanisms,” he said.

According to Chai, residents held numerous meetings with relevant authorities and agencies in an attempt to find a lasting solution, but little action was taken despite repeated assurances.

“We are grateful that justice has finally prevailed. This historic ruling will help save lives, protect the environment and safeguard future generations. We now call upon the County Government of Kilifi to fully comply with the court’s directives,” he added.

Casuarina resident Erena Godwin hailed the judgment as a historic victory for both the community and the environment.

“This is not just a victory for Casuarina residents; it is a victory for the entire Malindi community. For more than four years, residents have endured the constant dumping and burning of waste at the site. The pollution affected not only Casuarina, but also surrounding areas, including Muyeye, the Marine Park and parts of Malindi town,” she said.

Godwin noted that residents had persistently raised concerns through meetings, petitions and engagements with county officials, but their appeals went unanswered.

“Today, the law has spoken. We commend the courage of Justice Mwangi Njoroge, the commitment of PWAM, and the dedication of the legal team that stood with residents throughout this process. The court has ordered the immediate cessation of waste disposal and burning, relocation of the dumpsite and restoration of the affected land. This gives Malindi an opportunity to restore its environmental integrity, protect public health and strengthen its tourism economy,” she added.

Similar sentiments were echoed by Daniel Safari Charo, a resident of Milano Estate in Muyeye, who said the ruling had brought renewed hope to families living near the dumpsite.

“This dumpsite has been a health hazard for many years. Many residents have suffered illnesses linked to pollution from the site. We are happy that the court has intervened and given the community a chance to live in a cleaner and healthier environment,” he said.

Charo further noted that Malindi’s economy heavily depends on tourism, and the presence of the dumpsite had negatively affected the town’s image as a premier tourist destination.

Environmentalists have also welcomed the judgment. Charity Beduli, Vice Chairperson of Malindi Green and Blue, described the ruling as a significant win for environmental conservation and constitutional governance.

“This judgment sends a strong message that county governments must uphold the Constitution and comply with environmental laws in the management of waste. It is a victory not only for Malindi residents but for environmental justice across the country,” she said.

Meanwhile, Thomas Masha, Christopher Magana and Jane Mwango, who depend on scavenging activities at the dumpsite for their livelihoods, appealed to the county government to ensure that relocation plans take into account the welfare of families that rely on the site for income.

The trio urged the county to provide alternative livelihood opportunities and ensure affected families are supported during the transition process.

When contacted for comment, Kilifi County Executive Committee Member for Water, Environment and Natural Resources Omar Said Omar said the county government was still reviewing the judgment.

“The county attorney is studying the ruling and will advise on the next course of action, including whether to appeal or comply with the court’s directives,” he said.

He added that, in the meantime, waste generated within the municipality was being disposed of at an alternative site in Tezo.