The High Court has issued conservatory orders stopping the government from hiving off approximately 51.64 acres of Karura Forest land for the expansion of Kiambu Road.
In a ruling, Environment and Land Court Judge Justice Anne Omollo issued the orders to halt any planned developments on the land until the case is heard and determined.
Justice Omollo stated, “The Court do hereby issue conservatory orders prohibiting the Respondents or their agents from carrying out the planned construction or any other activity related to the construction of the recreational facility, the ablution block, and the dualling of Kiambu Road affecting Karura Forest Reserve, pending the hearing and determination of the motion.”
The ruling stems from a petition filed by the Greenbelt Movement opposing any developments on the piece of land. This plan sparked opposition from environmental conservation groups, forcing the government to defend itself.
Cabinet Secretary Aden Duale speaking during a meeting with a delegation from Saudi Arabia at the Ministry of Environment, Climate Change and Forestry offices on Friday, November 22, 2024
Photo
Aden Duale
The Greenbelt Movement filed the petition to halt the government’s plan arguing that the proposed land allocation is equivalent to 28 standard football pitches and would hugely impact Nairobi’s green space.
In response, the Kenya Forest Service (KFS) clarified that the Kiambu Road wayleave was established in 1951 and has existed within the gazetted Karura Forest since the pre-independence era.
They stated that the intended road expansion would occur within this existing wayleave and that the notion of giving out Karura Forest land for the project is false, except for a planned interchange measuring 2.2 hectares (5.4 acres).
Despite these assurances, conservationists and environmental activists continue to pressure the government to explore alternative infrastructure development strategies that do not encroach upon protected forest areas.
They advocate for optimising existing infrastructure, enhancing public transport, and leveraging smart technologies to improve traffic flow without compromising ecological treasures like Karura Forest.
However, now the matter is on ice until February 3, 2025, when the case comes up for mention. The court also enjoined Katiba Institute as an interested party.
Environment Cabinet Secretary Aden Duale confirmed this week that public participation will be conducted before any progress is made.
“A contract to expand the road was agreed on in 2018. What I have asked the people is whether public participation was done,” he stated in an interview with NTV.
“If public participation was not done, then the expansion of the road will not take place until public participation is done.”
A traffic snarl up along Kiambu Road on Sunday, September 2, 2021.
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