NAIROBI, Kenya – The Environment and Land Court (ELC) has ruled that it has jurisdiction to hear a petition challenging the construction of the Mau Mau Ihithe-Ndunyu Njeru Road, dismissing an objection by the Kenya National Highways Authority (KeNHA) that sought to block the case.
The 52-kilometer road project, which runs through the Aberdare National Park and Aberdare Forest Reserve, has sparked intense opposition from conservation groups, who argue that it poses a severe threat to biodiversity, climate stability, and the cultural heritage of local communities.
The petition was filed by East Africa Wildlife Society, Kenya Forest Working Group, Africa Centre for Peace and Human Rights, and Lempaa Suvianka.
The groups claim that the road project violates multiple constitutional rights, including the right to a clean and healthy environment, and will cause irreversible harm to the Aberdare ecosystem.
KeNHA had attempted to derail the petition on jurisdictional grounds, arguing that the dispute should be handled by the National Environment Tribunal (NET) rather than the courts.
However, a three-judge bench comprising Justices L.N. Gacheru, B.M. Eboso, and J.O. Olola ruled that the case involves fundamental constitutional issues that go beyond the scope of NET.
“The petition raises serious constitutional questions, including the right to a clean and healthy environment, concerns about climate change, and threats to biodiversity. These issues cannot be adjudicated by NET. The Environment and Land Court is the proper forum for such matters,” the judges stated in their ruling.
The court further emphasized that the petitioners’ claims extend beyond KeNHA’s Environmental Impact Assessment (EIA) license, touching on broader concerns such as allegations of conflict of interest in the EIA process, violations of public participation requirements, and potential long-term environmental destruction
KeNHA had argued that the petitioners should have exhausted all remedies under the Environmental Management and Coordination Act (EMCA), including appealing to NET, before moving to court.
However, the judges rejected this argument, citing recent Supreme Court rulings that allow citizens to seek constitutional relief directly when other legal remedies are inadequate.
“The right to access the court for redress of alleged constitutional violations should not be impeded or stifled in a manner that frustrates the enforcement of fundamental rights and freedoms,” the court ruled, quoting a 2023 Supreme Court precedent.
The ruling was hailed as a major victory by environmental activists, who have been pushing for greater accountability in infrastructure projects that impact sensitive ecosystems.
The case will now proceed to a full hearing, where the court will determine whether the Mau Mau Road project violates constitutional environmental protections.
The Mau Mau Road is part of the government’s Vision 2030 agenda, designed to enhance connectivity and economic growth in Central Kenya.
However, critics argue that the environmental cost outweighs the benefits, particularly given the Aberdare ecosystem’s fragility.
Home to endangered species and a crucial water catchment area, the Aberdare region is considered one of Kenya’s most ecologically significant landscapes.
Conservationists warn that deforestation, biodiversity loss, and climate disruption could follow if the road project is allowed to continue unchecked.
