Environmental and Combustion Consultants Limited (ECCL) has disputed claims that its Stoni Athi facility in Kajiado County is an operating hazardous waste incinerator, telling the Senate that the site has not carried out incineration for more than eight years.
The company made the clarification in a written response to questions raised by Nominated Kajiado Senator Peris Tobiko over the environmental and health impacts of its operations in the county during the Senate Lands Environment and Natural Resources site visit in Stoni Athi.
A heap of garbage inside the Environmental Combustion Consultants Limited Center in Stoni Athi. PHOTO/David Bogonko Nyokang'i
Tobiko, before the house, had asked the Senate Committee on Land, Environment and Natural Resources to investigate concerns raised by residents of Kaputiei North, particularly those living around Empuyiankat, Empatipat, Olturoto and Ilasit.
In her request, Tobiko said residents had raised concerns over alleged emissions and offensive odours from what they described as a hazardous waste incineration facility.
She also cited concerns over reported coughing, breathing difficulties and headaches, as well as the presence of waste containment lagoons and possible contamination of soil and water.
The Senator asked the committee to establish how ECCL was licensed to operate in an agricultural and residential area, whether adequate public participation had been conducted, and whether environmental, public health and land-use compliance audits had been undertaken.
She further sought details on the substances held in containment facilities, the status of air, soil and water quality assessments, possible review or revocation of licences and enforcement measures to compel environmental restoration.
Senators and the Public during the site visit and site investigation at the Environmental Combustion Consultants Limited in Stoni Athi, Kajiado County. PHOTO/DAVID BOGONKO NYOKANG'I
During the committee site visit led by Murang'a Senator Joe Nyutu were told by ECCL that the premises at Stoni Athi is currently a waste transfer and pre-treatment station and does not operate an incinerator.
“The Stoni Athi facility, which is under investigation, is a waste pretreatment and transfer station,” the company said, explaining that waste is received, sorted, pre-treated and baled before being transported to a separately licensed facility for treatment and disposal.
ECCL said it relocated its incineration plant from Stoni Athi in August 2017 following what it described as repeated attacks on the facility.
“The Stony Athi facility is a NEMA-licensed waste TRANSFER STATION. It is not an incineration facility. No incinerator has operated at this site for over eight years,” the company said.
On licensing and public participation, ECCL said its operations were established through the applicable environmental and land-use approval processes.
The company said the National Environment Management Authority issued Environmental Impact Assessment licences on October 29, 2013 and July 9, 2016, while the then Olkejuado County Council approved change of user on January 3, 2013 and development plans on June 26, 2013.
ECCL further said a public participation exercise was conducted on October 26, 2013 and that attendance registers and consultation reports had been submitted as supporting documents to the Senate committee.
The company also sought to place the current controversy within a long-running dispute with the Kajiado County Government, saying its operations had faced repeated interference and litigation over the years.
ECCL said the High Court had previously ruled that some actions by the county government against the company were unlawful and that the company had relied on the courts and other lawful avenues to resolve the disputes.
It also claimed that its facility had been attacked several times, including an arson incident on June 6, 2026.
On environmental compliance, ECCL said it is subjected to routine regulatory oversight and is required to undertake annual environmental audits and submit the reports to NEMA.
“The Company currently holds a valid NEMA Waste Management license authorizing its licensed operations,” it said, adding that the licence is issued annually following regulatory processes.
The company rejected the suggestion that smoke associated with its operations was evidence of incinerator emissions. It said the June 6 fire involved a waste heap in its pre-processing storage area and that any smoke observed during the incident resulted from the fire rather than its normal operations.
ECCL nevertheless said it was open to independent environmental testing.
“ECCL respectfully submits that it is open to a comprehensive assessment of air, soil, and water quality and should be conducted by or under the oversight of NEMA,” the company said.
On concerns over liquid waste and containment tanks, ECCL said the structures were engineered facilities intended to prevent uncontrolled discharge of hazardous material.
The company said liquid waste received at the facility comes from licensed clients under documented waste manifests and that it maintains records detailing the source, classification and intended treatment pathway of the waste.
It also supported a forensic assessment of the containment tanks by an accredited independent laboratory under NEMA oversight.
ECCL further rejected calls for the county government to suspend or revoke its licences, arguing that licensing of hazardous waste management operations falls within NEMA's statutory mandate.
The company said its NEMA licence remains valid and that it disputes allegations of non-compliance raised by residents and the county government.
It also maintained that it had not received an Environmental Restoration Order from NEMA and was unaware of any verified environmental damage to soil, water or air arising from its licensed operations at Stoni Athi.
ECCL said it remains willing to comply with any lawful recommendations arising from regulatory assessments.
The dispute now places renewed focus on the Senate committee's role in establishing, through regulatory records and independent assessments, whether the concerns raised by residents relate to ECCL's current operations, the June 2026 fire incident or historical activities at the Stoni Athi site.