Lobby group Green Belt Movement (GBM) has sued the government over a Sh38 billion plan to hive-off 51.6 acres from Karura Forest for the expansion of Kiambu Road.
The lobby group says the Kenya National Highways Authority (KeNHA) has entered into a deal with Chinese firm Sinohydro Corporation Limited for dualling of the road.
However, GBM says plans to expand the road without obtaining an environment impact assessment licence offends the right to a clean and healthy environment and is therefore unconstitutional.
“The respondents’ decision to proceed with the road construction...is a deeply misguided and detrimental move that puts short-term economic gain of a small minority ahead of the long-term well-being of the nation's environment and future generations,” the lobby group said in its petition.
According to the Environmental and Social Impact Assessment report done at the instruction of Kenha, the proposed Muthaiga-Kiambu-Ndumberi road has positive impacts that outweigh the potential negative impacts.
Some of the main positive impacts identified include employment opportunities, improved standard of living, increased security, access to schools and health facilities, aesthetics, ease of traffic congestion and improved transport of goods and services, and growth of towns and shopping centres along the project road among others.
GBM said that Karura, which is one of Kenya's last remaining urban forests, is under threat as State agencies plan to excise 51.64 acres of its land — equivalent to 29 standard football pitches.
The lobby group, co-founded by Nobel Laureate Wangari Maathai, further states that the government has issued a special licence to a private entity to develop, operate and manage a recreational facility — including a restaurant and associated services — within Karura Forest.
GBM said these decisions threaten the very existence of the Karura Forest ecosystem. The movement argues that the project will not only cause habitat disturbance of wildlife but also displace some species from their natural habitat.
GBM said in court documents that the environmental and social impact assessment for the proposed project was undertaken simultaneously with the feasibility study before project implementation.
It wants the court to issue an order quashing the tender for dualling of Kiambu Road without obtaining an Environmental Impact Assessment licence.
