The High Court has given the green light for the construction of the 52-kilometre tarmac road passing through the Aberdare National Park and Forest after dismissing a petition that sought to halt the project on environmental grounds.
A three-judge bench ruled that the environmental safeguards accompanying the project are adequate, provided they are fully implemented during both the construction and operational phases.
Court cites sustainable development
In its unanimous judgment, the court said the decision was guided by the principle of sustainable development, which seeks to balance the country’s infrastructure needs with environmental conservation while protecting the interests of future generations.
The judges found that the petitioners had not demonstrated that the project violated Article 69(1) of the Constitution, which outlines the State’s duty to protect and conserve the environment.
According to the court, the evidence presented did not establish that the project breached constitutional environmental obligations.
Environmental concerns addressed
The court further held that issues raised by conservation groups and other stakeholders had already been considered through the Environmental Impact Assessment process.
It ruled that the concerns did not provide sufficient grounds to stop implementation of the road project.
On the question of environmental licensing, the judges noted that the legal provisions cited by the petitioners were not in force when the Environmental Impact Assessment licence was issued. As a result, the court found that it would be unfair to require compliance with laws that had not yet taken effect.
Conservation groups challenged the project
The petition was filed by the East Africa Wildlife Society, Kenya Forest Working Group, Africa Centre for Peace and Human Rights, and conservationist Lempaa Suyianka.
The petitioners argued that the road would cause irreversible environmental, economic and cultural damage to the Aberdare ecosystem, threaten endangered wildlife such as the mountain bongo, and infringe on the constitutional right to a clean and healthy environment.
They also maintained that the Aberdare ecosystem, which is on Kenya’s tentative list for UNESCO World Heritage status, is a critical water tower supporting millions of people, wildlife and livestock.
Project to proceed
Following the dismissal of the petition, the Kenya National Highways Authority (KeNHA) is now free to proceed with the construction of the 52-kilometre road through the Aberdare National Park and Forest.
The ruling removes one of the final legal hurdles facing the multibillion-shilling infrastructure project, which the government says is aimed at improving connectivity while implementing environmental mitigation measures throughout its development.
