Petition filed to stop Nairobi’s Green Army project over labour abuse claims

A petition has been filed at the Milimani High Court seeking to stop Nairobi County’s Green Army project, accusing it of violating the rights of thousands of young workers through poor pay, unsafe conditions and illegal work arrangements.

The petitioners, Dedan Rachuonyo and Felix Odiwour, claim the project has subjected workers to inhumane, exploitative and unconstitutional treatment despite being launched by the Nairobi City County government as a job creation and environmental clean-up programme.

"The Green Army Project was launched by the Nairobi City County government with the stated aim of improving environmental cleanliness in Nairobi.

However, the conditions under which workers are employed and the terms of their engagement in this project have been unconstitutional, illegal, and exploitative," reads court papers.

According to the petition, workers are forced to work seven days a week, including public holidays, without rest days or leave, in violation of the Constitution and the Employment Act, 2007.

"Workers are paid salaries that are often below Sh17,000 after statutory deductions, which is not in line with the minimum wage requirements, and fails to meet the basic cost of living in Nairobi, especially given the hazardous nature of their work," they argue.

The petitioners say the Green Army lacks a clear employment structure, with many workers having no written contracts and no job security.

They are asking the court to compel the Nairobi County Government and other respondents to pay each worker Ksh.50,000 per month backdated to January 2024.

This amount is to include base pay, night shift allowances and risk compensation.

They also want the court to order the county to establish fair working hours with proper weekly rest days and annual leave entitlements in line with labour laws.

In their petition, they are calling for a review of salaries to meet the legal minimum wage while factoring in the health and safety risks involved in the work.

They are also seeking formal contracts for all workers that clearly state job terms and protections.

The petitioners want the court to direct the county to provide all Green Army workers with safety gear, medical cover and health insurance as required by the Occupational Safety and Health Act.

They further want a declaration that the conditions faced by workers under the programme amount to modern-day slavery and exploitation and are calling for urgent corrective measures.

The petition also seeks protection for all workers involved in the case from any form of victimisation, punishment or intimidation, and wants the court to order full compensation for all estimated 5,000 workers based on international labour standards.

Nairobi Governor Johnson Sakaja and the Nairobi City County Public Service Board have been named as respondents in the case.