NYERI, Kenya – The controversy surrounding the planned Sh4 billion road project that cuts through Aberdare National Park has taken a new twist after a Nyeri court asked Chief Justice Martha Koome to appoint an uneven bench to rule on the matter.
Y News understands that the Ihithe-Ndunyu Njeru section of the Mau Mau road project is a 97.8km route connecting Nyeri and Nyandarua counties.
On Monday, June 3, 2024, Justice James Olola, sitting at the Nyeri Environment, extended orders issued in April this year, stopping the project.
The project, which is expected to cut through the Aberdare National Park and Forest Reserve, has faced intense criticism from conservation groups, such as the Africa Centre for Peace and Human Rights (ACPHR), Kenya Forest Working Group (KFWG), and East Africa Wildlife Society (EAWS).
Respondents include the National Management Authority (NEMA), Kenya Water Towers Agency, Norken International Limited, and Kenya National Highways Authority (Kenha).
According to the petitioners, the route could negatively impact the Aberdares ecosystem, a vital water tower and natural home for endangered animals.
“The conservatory orders remain in force. I have considered the respondents’ application to allow more time to file and serve their applications,” Justice Olola said.
The respondents were granted 21 days by Justice Olola to submit and serve their applications.
NEMA changed its decision about the project this year after first opposing it in 2009 due to concerns about its potential to destroy endangered tree species.
The National Environment Tribunal heard an appeal of NEMA’s ruling by the Conservation Alliance of Kenya (CAK), which contended that the environmental impact assessment (EIA) process was defective and did not sufficiently consider alternate routes or the project’s impact on threatened species.
On April 18, 2024, the court postponed the project indefinitely to allow for a thorough hearing on the case.
However, according to NEMA, the planned route would boost regional economic development and is the most economical choice.
Some of the concerns raised by petitioner include:
Environmental Impact: The Aberdare ecosystem is critical for water catchment, supplying 80% of the water used by Nairobi City County through Sasumua and Ndakaini dams. Additionally, it generates 55% of Kenya’s hydroelectric power.
Biodiversity Concerns: The Aberdare hosts rare, endemic, and critically endangered animals and plants. The road’s construction could imperil these species.
Cultural Heritage: The road threatens cultural heritage sites of considerable significance to local communities and the national historical landscape, potentially resulting in irreversible destruction.
Environmentalists further argue that the project puts immediate financial benefit ahead of long-term environmental sustainability.
The instance shows the continuous conflict in Kenya between conservation and development initiatives.
It raises crucial questions about the sufficiency of environmental impact studies and the significance of public involvement in such initiatives.
The outcome of the impending court case will be significant in deciding the project’s destiny.
