The Nyeri Environment and Land Court has ruled that it has a jurisdiction to hear and determine a case challenging the move by the Kenya National Highways Authority (KeNHA) to build a 52 KM road passing through Aberdare National Park.
The three judge bench dismissed the preliminary objection by the state saying it was not merited and the court had jurisdiction to hear the matter
In the case, East African Wildlife Society, Kenya Forest Working Group, African Centre For Peace and Human Rights and Lempaa Suyianka has sued KeNHA, NEMA among other respondents.
The petitioners want court to rule that Kenya National Highway Authority’s plan to build the Mau Mau Lot 4:Ihithe Ndunyu Njeru Road, traversing the Aberdare National Park and the Aberdare Forest Reserve was unconstitutional.
Further, they asked Court to find that Norken International Limited’s conflict of interest in conducting the environmental social impact assessment(ESIA) with respect to the impugned project violates Articles 10 and 47 of the Constitution, and that the environmental impact assessments (EIA) must be conducted by a neutral and impartial experts.
The Petitioners pleaded with the Court to issue a structural interdict directing KeNHA to prepare and submit to the Court for scrutiny within 90 days of the order, alternative routes for the road passing outside the Aberdare National Park and the Aberdare Forest Reserve.
The Court was also asked to give an order directing the National Environment Management Authority (NEMA) Kenya Wildlife Service (KWS), Kenya Water Towers Agency (KWTA), Kenya Forest Service (KFS), to within 90 days of the order, prepare and present to the Court for scrutiny and thereafter post and update yearly on their website, a joint inventory of biological diversity of Kenya, indicating threatened, endangered, or rare species in Kenya.
They argue that in order for KeNHA to achieve their goal, it must destroy 25 km of closed canopy forest, thereby destroying the Park and the Reserve, and ruining its unique biodiversity.
The petitioners assert that the proposed road would alter and destroy the Aberdare eco-system forever.
KeNHA opposed the petition saying that Environment and Land Court (ELC) lacks the requisite jurisdiction to hear the matter as there are alternative mechanisms provided under Sections 129-130 of the Environmental Management Coordination Act(EMCA).
According to KeNHA, in line with the Government’s Vision 2030, it commenced construction of the project termed Mau Mau Road in line with the Country’s objective of attaining a sustainable safe road network
