The high court, through Judge Kossy Bor, has ordered the ministry of transport to build decent toilets on all key highways and roads across the country to stop the indignity that comes with passengers relieving themselves on the roadside.
The order by the high court judge will reinstall dignity to the call of nature especially for long distant travelers who rush into bushes or by the roadside to relieve themselves.
The order by Judge Kossy Bor will also see a cleaner safer environment as fecal is known to contribute in the spread of illnesses such as amoeba.
The court ordered the ministry of transport to build toilets along highways following a petition by Adrian Kamotho which will ensure Kenyans are served their right to a clean and healthy environment.
Judge Kossy has ordered that the Ministry of Transport through the Cabinet Secretary constitutes a working group that will provide toilets and stop the indignity of relieving at the roadside.
While making the order, Judge Kossy said the right to a decent public toilet is a fundamental right Kenyans should enjoy.
Article 69 (1) of the Constitution obligates the state to eliminate processes and activities that are likely to endanger the environment. Such processes include road users relieving themselves in bushes and open spaces along Kenyan roads, the judge noted.
“The state needs to provide clean and decent toilets for road users to relieve themselves while on their journeys to give effect to the right to a clean and healthy environment,” judge Kossy said in the ruling.
Judge Kossy also directed the National Transport Policy to integrate toilets and other sanitation facilities as part of the roadside developments in the road designs for existing and new roads to be constructed in the future.
“Sanitation is a first-generation right that citizens should not be arbitrarily denied and responding to a call of nature is an inevitable human process for which citizens have entirely no control,” Judge Kossy noted.