High Court clears construction of 52km road through Aberdare National Park

The judges said the dispute required the court to balance environmental conservation with the country's development needs. (Photo: Freepik)

By Carolyne Kubwa
Friday, July 17, 2026

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The bench also rejected claims that the Environmental Impact Assessment (EIA) licence issued for the project was unlawful. It held that the legal provisions cited by the petitioners were not in force when the licence was granted and therefore could not be applied retrospectively.

According to the judges, requiring compliance with laws that had not yet taken effect at the time of licensing would be legally untenable.

The court further noted that the environmental concerns raised by conservation groups had already been considered through the environmental assessment process. It held that those concerns, while significant, did not justify halting the implementation of the road project.

The case had been filed by the East Africa Wildlife Society, Kenya Forest Working Group, Africa Centre for Peace and Human Rights, and conservationist Lempaa Suyianka.

They argued that constructing the road through the Aberdare ecosystem would cause irreversible environmental, cultural and economic harm.

The petitioners warned that the project would threaten endangered wildlife, including the critically endangered Mountain Bongo, and undermine the constitutional right to a clean and healthy environment.

They also told the court that the Aberdare ecosystem, which is on Kenya's tentative list for UNESCO World Heritage status, is one of the country's most important water towers, supporting millions of people, livestock and wildlife.

However, the judges were not persuaded that the evidence presented justified stopping the project. Instead, they concluded that the road could proceed as long as the environmental mitigation measures outlined during the approval process are strictly implemented.

The ruling now allows the Kenya National Highways Authority (KeNHA) to continue with the construction of the 52-kilometre road through the Aberdare National Park and Forest.