High Court stops planned expansion of Kiambu Road on Karura Forest land
By Maureen Kinyanjui |
The court's decision follows a petition filed by the Greenbelt Movement, which opposes the government's plans to encroach on Karura Forest.
The High Court has issued a temporary injunction stopping the government from taking approximately 51.64 acres of Karura Forest land for the planned expansion of Kiambu Road.
Environment and Land Court Judge Anne Omollo ruled on Tuesday that all planned activities, including the construction of a recreational facility, an ablution block, and the dualling of Kiambu Road, must be halted until the case is fully heard and determined.
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"The court does 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," she said in her ruling.
The court's decision follows a petition filed by the Greenbelt Movement, which opposes the government's plans to encroach on Karura Forest.
The environmental group argues that the proposed land allocation equivalent to 28 standard football pitches would severely impact one of Nairobi's few remaining green spaces.
Pre-established wayleave
In its defence, the Kenya Forest Service (KFS) clarified that the land earmarked for the road expansion falls within an existing wayleave established in 1951, before Kenya's independence.
KFS maintains that the road will only be expanded within this pre-established corridor and insists that no additional land from Karura Forest will be given away for the project, except for a planned 2.2-hectare (5.4-acre) interchange.
However, the Greenbelt Movement and other environmental groups continue to raise concerns.
They argue that the expansion of Kiambu Road into this protected area could set a dangerous precedent for the future, encouraging further encroachment on Kenya's diminishing natural spaces.
The conservationists are calling on the government to explore alternative methods for alleviating traffic congestion without compromising valuable ecosystems like Karura Forest.
The matter now remains suspended until February 3, 2025, when the case will be mentioned again in court.
In the meantime, the Katiba Institute has been joined in as an interested party in the case.
Public participation has also become a central issue in the ongoing debate.
Environment Cabinet Secretary Aden Duale confirmed this week that the government will hold a public participation forum before moving forward with any plans.
"A contract to expand the road was agreed on in 2018. What I have asked the people is whether public participation was done," he said in an interview with NTV.
"If public participation was not done, then the expansion of the road will not take place until [it is] is done," Duale added.
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