The High Court has cleared the way for the construction of the 52-kilometre tarmac road through the Aberdare National Park and Forest after dismissing a petition challenging the multibillion shilling project.
In a unanimous judgment, a three-judge bench held that the environmental safeguards put in place for the project are sufficient, provided they are fully implemented during the construction and operational phases.
The judges said their decision was guided by the principle of sustainable development, which seeks to strike a balance between infrastructure development and environmental conservation while safeguarding the interests of future generations.
The court found that the petitioners failed to prove that the project violated Article 69(1) of the Constitution, which sets out the State’s obligations to protect and conserve the environment.
“The petitioner did not prove violations of Article 69(1) of the Constitution,” the judges ruled.
The bench further held that the concerns raised by stakeholders had been considered through the project’s environmental assessment process and did not justify stopping the road’s implementation.
On the issue of environmental licensing, the court ruled that the legal framework relied upon by the petitioners was not in force when the Environmental Impact Assessment licence was issued. As a result, the judges found it would be improper to require compliance with legal provisions that had not yet taken effect at the time the licence was granted.
The petition 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 the road would cause irreversible environmental, economic and cultural damage to the Aberdare ecosystem, threaten endangered species such as the Mountain Bongo, and undermine the constitutional right to a clean and healthy environment.
The petitioners also contended that the Aberdare ecosystem, which is on Kenya’s tentative list for UNESCO World Heritage status, is a critical water tower supporting <a href="https://absafricatv.com/guardian-bikes-celebrates-one-million-bikes-sold-in-usa/” title=”Guardian Bikes Celebrates One Million Bikes Sold in USA”>millions of people, wildlife and livestock.
However, the court dismissed the petition, paving the way for the Kenya National Highways Authority (KeNHA) to proceed with the construction of the 52-kilometre road through the Aberdare National Park and Forest.
