The Environment and Land Court in Nyeri has once again extended a conservatory order halting the construction of a planned road that would cut through the Aberdares National Park and Aberdare Forest.
This move comes amid ongoing legal challenges to the project’s environmental impact.
Background of the Dispute
The Kenya National Highways Authority (KeNHA) is spearheading the construction of the Ihithe-Ndunyu Njeru Road, a 97.8km route connecting Nyeri and Nyandarua counties.
Conservation groups, including the East Africa Wildlife Society (EAWS), Kenya Forest Working Group (KFWG), and Africa Centre for Peace and Human Rights (ACPHR), have expressed strong opposition to the project.
Their concerns center on the potential environmental damage the road could cause to the Aberdares ecosystem, a critical water tower and natural habitat for endangered species.
Legal Developments
In April 2024, the Environment and Land Court first issued a conservatory order stopping construction while the case is heard.
The National Environment Management Authority (NEMA) had previously approved the project and issued an environmental impact assessment (EIA) license to KeNHA in January 2024.
The Conservation Alliance of Kenya (CAK) appealed NEMA’s decision at the National Environment Tribunal, arguing that the EIA process was flawed and failed to adequately consider alternative routes or the project’s impact on threatened species.
The recent court extension delays the project further, pendng a full hearing on the matter.
NEMA maintains that the proposed road is the most cost-effective option and would stimulate economic development in the region.
Conservationists counter that the project prioritizes short-term economic gain over long-term environmental sustainability.
The case highlights the ongoing tension between development and conservation efforts in Kenya.
It raises critical questions about the adequacy of environmental impact assessments and the importance of public participation in such projects.
The upcoming court hearing will be crucial in determining the project’s future.
