The Sh47 billion Dandora waste-to-energy project in Nairobi has sparked controversy amid legal scrutiny, as Nairobi County’s Acting Attorney Christine Ireri recently stated that she could not confirm any formal public-private partnership (PPP) with a private developer for the project.
This came during a hearing with the Justice and Legal Committee, where Ireri and Finance Chief Executive Charles Kerich were pressed to provide documentation to justify Nairobi County’s handling of PPPs, particularly for the Dandora project, awarded in July 2023.
However, no documentation was provided, raising concerns about transparency and legality.
Committee members emphasized the county assembly’s statutory role in reviewing and approving PPP agreements under Section 64, Subsection 5, and Section 65 of the PPP Act 2021, which requires county assembly approval. Majority Leader Peter Imwatok accused the county attorney of overlooking these legal requirements, labeling the Dandora project, along with the Eastleigh market project, as potentially illegal due to a lack of public participation and procedural lapses.
Governance expert Eliud Wekesa described the project as an “illegality” given the absence of public input and concerns about biased tendering toward a Chinese firm, which has led to multiple complaints filed with the Public Procurement Regulatory Authority (PPRA). Despite this, Nairobi City County Chief Officer of Environment Hibrahim Otieno stated on August 2, 2024, that the project was progressing and that negotiations had been underway since 2013, aiming to address Nairobi’s severe waste management crisis.
The Dandora dumpsite, which opened in 1975, is now severely overburdened, holding 1.8 million tonnes of waste with a capacity meant for only 500,000 tonnes. Nairobi produces about 3,000 metric tonnes of waste daily, much of which ends up at Dandora. Efforts by previous administrations and the Nairobi Metropolitan Services to address the city’s waste issues have not succeeded, underscoring the urgent need for effective waste management solutions.
Governor Johnson Sakaja, who campaigned on addressing the city’s waste crisis, pledged to create a recycling plant to convert waste into energy. However, the legal and procedural hurdles surrounding the Dandora project could impede the current administration’s efforts to make meaningful progress on this front.
