NAIROBI, Kenya – The High Court has dismissed a constitutional petition seeking to halt the construction of the controversial Ksh4.4 billion Mau Mau Road through the Aberdare National Park and Forest, paving the way for the government to continue implementing the long-delayed infrastructure project.
A three-judge bench comprising Justices Lucy Gacheru, Bernard Eboso and James Olola ruled that the petition challenging the 52-kilometre road lacked merit, finding that the environmental safeguards attached to the project were sufficient if fully implemented.
In delivering the judgment, Justice Gacheru held that the Environmental Impact Assessment (EIA) licence issued for the project complied with the law in force at the time and did not require a Strategic Environmental Assessment (SEA) report.
“Under the law that existed in 2024, the first respondent was not obligated to procure a Strategic Environmental Assessment Study report for the purposes of the EIA licence. Therefore, we did not find any merit in this petition, and accordingly, we dismiss it entirely,” Justice Gacheru ruled.
The judges further found that the petitioners had failed to demonstrate that the State violated Article 69(1) of the Constitution, which obligates the government to protect and conserve the environment.
The case had been filed by conservation groups and environmental activists who argued that the road would cut through a protected ecosystem, threaten biodiversity and infringe on Kenyans’ constitutional right to a clean and healthy environment.
The petitioners warned that the project would destroy nearly 25 kilometres of the Aberdare Forest’s closed canopy, threaten the critically endangered Mountain Bongo, disrupt wildlife habitats and cause irreversible environmental, cultural and economic damage.
However, the Kenya National Highways Authority (KeNHA) maintained that the project met all legal environmental requirements, underwent public participation and incorporated mitigation measures identified during the Environmental Impact Assessment process.
The ruling marks a significant milestone for one of Kenya’s most contested infrastructure projects.
In May, President William Ruto announced that the Mau Mau Road Project was about 60 per cent complete and said the government had allocated Sh2 billion to ensure its completion within the next two years.
The road, which was first proposed as a Kenya Vision 2030 flagship project in 2009, stretches from Githunguri in Kiambu County to Njengu in Nyeri County, where it links to the Nyeri-Nyahururu Highway.
Although construction began two years ago, the project had faced more than 16 years of delays due to legal challenges and sustained opposition from environmental groups and civil society organisations.
The Aberdare ecosystem, through which the road passes, remains one of Kenya’s most important water towers and is on the country’s tentative list for UNESCO World Heritage status.
It provides vital water resources and ecological support for millions of people, livestock and wildlife across the country.
With the constitutional challenge now dismissed, the government has received a major legal boost to proceed with completing the strategic road project, even as concerns over conservation of the Aberdare ecosystem continue to dominate public debate.