NAIROBI, Kenya, Jun 3 – The Nairobi County Government has been given 14 days to respond to a petition filed by the Waste and Environmental Management Association (WEMA) seeking reinstatement for garbage collection within the city.
Justice Isaac Lenaola has set hearing of the case for July 8.
The association moved to court seeking orders to stop Nairobi County Government from proceeding with the tendering process for solid waste collection and disposal in seven zones, as advertised in local newspapers.
It argues that there is no provision in law that allows for the creation of zones by the county government.
“WEMA and its member’s resident association and general public were never involved in the creation of seven zones,” the petitioner’s lawyer Protas Saende argued.
The lawyer said that the tender for waste collection in seven zones is flawed as the companies awarded were allegedly not in existence when the tendering process commenced.
The petitioner seeks a declaration over the move by the county which he said amounts to violation of the association’s fundamental rights and freedom as enshrined in the Constitution.
WEMA wants the court to issue a conservatory order preventing the respondent from harassing its members and further halted from interfering with it from waste collection in the county.
The tender was advertised on May 13 which is contrary to the law as there was no public participation while petitioner’s members were not involved.
The lawyer will further be asking the court to issue an order requiring the respondent to engage in a fair and participatory process with a goal of coming up with a holistic waste management strategy for the county.