The Environment and Land Court in Milimani has delivered a significant win for environmental defenders, ruling that only 0.1233 hectares of Karura Forest can be allocated for the expansion of Kiambu Road – a drastic reduction from the 51.64 acres licensed to the Kenya National Highways Authority (KeNHA) by the Kenya Forest Service (KFS).
In its Thursday judgment, the court also annulled two special user licenses previously issued by KFS, citing the lack of public participation in the decision-making process.
This landmark ruling follows months of legal wrangling after the Greenbelt Movement filed a petition in December last year, opposing the government’s plan to cut through a substantial part of the protected forest to widen the busy road. Central to the case was the allegation that 51.64 acres of Karura Forest had been set aside for roadworks without obtaining the mandatory environmental approvals.
The Greenbelt Movement argued that the land was handed to a private entity under a special user license without conducting an Environmental Impact Assessment (EIA), either by the Kenya Forest Service (KFS) or the National Environment Management Authority (NEMA).
The group condemned the decision to push ahead with construction and to approve recreational facilities and an ablution block without securing the necessary EIA license. They described the move as one that prioritised the short-term interests of a select few over the protection of the environment and the country’s long-term sustainability.
From the court files, the petitioner swore that the stakeholders were never informed of the area of land to be cleared from Karura Forest, species to be uprooted, loss of biodiversity, or alternatives to the project. This, they claimed, deprived the public of a chance to understand the full implication of the project and give serious feedback.
The Greenbelt Movement sought the annulment of the agreement between the Government of Kenya and Sinohydro1 Corporation Limited, or otherwise, the other parties, on grounds that the project went ahead without required environmental approvals.
The organization argued that the entire process was marred, rushed, and carried out in defiance of critical legal and environmental safeguards.
While the ruling could delay the dualing of Kiambu Road, it underscores the need to consult with the public and adhere strictly to environmental regulations before approving massive developments.
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