Court slashes forest land allocation for Kiambu Road project

In a major victory for environmental advocates, the Environment and Land Court in Milimani has ruled that only 0.1233 hectares of Karura Forest can be used for the expansion of Kiambu Road, far less than the 51.64 acres that had been licensed to the Kenya National Highways Authority (KeNHA) by the Kenya Forest Service (KFS).

Delivering the ruling on Thursday, the court also revoked two special user licenses previously issued by KFS, citing the absence of public participation.

The decision comes after months of legal battle following a petition filed by the Greenbelt Movement in December last year, challenging the government's plan to extend the busy road through a large section of the protected forest.

At the heart of the case was the claim that 51.64 acres of Karura Forest had been earmarked for the road expansion without the necessary environmental approvals.

According to the Greenbelt Movement, the land was granted to a private entity under a special user license without an Environmental Impact Assessment (EIA) being carried out, either by KFS or the National Environment Management Authority (NEMA).

The movement criticised the decision to proceed with construction and to approve recreational facilities and an ablution block without the necessary EIA license. It described the move as one that favours the short-term interests of a few at the expense of the environment and the country's future.

“The petitioner contends that the participants were never informed of the amount of land that would be utilised off Karura Forest, the species that would be displaced, the biodiversity to be lost, any alternatives to the project and thus denied them the opportunity to fully appraise themselves and hence tender concrete feedback,” court papers read.

Greenbelt Movement asked the court to cancel the agreement between the Government of Kenya and Sinohydro1 Corporation Limited or any other involved parties, arguing that the project lacked the necessary environmental approvals.

The movement maintained that the process was flawed, rushed, and ignored critical legal and environmental safeguards.

The court’s ruling is expected to set a precedent on how public land, especially forest areas, can be allocated for infrastructure development.

It also reinforces the importance of public involvement and adherence to environmental regulations before major projects are approved.

This decision could delay the planned dualing of Kiambu Road, a project that has attracted criticism for its potential impact on the ecology of Karura Forest, one of Nairobi’s most treasured green spaces.

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