Govt Blocked From Using Part Of Karura Forest To Expand Kiambu Road

The government has been handed a blow after the Environment and Land Court at Milimani issued conservatory orders stopping it from taking approximately 51.64 acres of Karura Forest land to expand Kiambu Road.

The Court ruled on Friday, December 20, in favour of the Green Belt Movement's application. Environment and Land Court Judge Justice Anne Omollo issued orders to halt any planned developments on the land until the case is heard and determined.

"The Court hereby issues 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, ablution block, and dualling of Kiambu Road affecting Karura Forest Reserve, pending the hearing and determination of the Motion," Justice Omollo stated in her ruling.

The Greenbelt Movement filed a petition opposing any developments on the land, which sparked opposition from environmental conservation groups and forced the government to defend itself.

Heavy traffic on Kiambu Road. /NATION MEDIA GROUP

The indigenous grassroots organization filed the petition to stop the government's plan arguing that the proposed land allocation is equivalent to 28 standard football pitches and would hugely impact Nairobi's green space.

In response, the Kenya Forest Service (KFS) clarified that the Kiambu Road wayleave was established in 1951 and has existed within the gazetted Karura Forest since the pre-independence era. It added that the intended road expansion would occur within this existing wayleave and that the notion of giving out Karura Forest land for the project was not true, except for a planned interchange measuring 2.2 hectares (5.4 acres).

Despite these assurances, conservationists and environmental activists continue to pressure the government to explore alternative infrastructure development strategies that do not encroach upon protected forest areas. They advocate for optimising existing infrastructure, enhancing public transport, and leveraging smart technologies to improve traffic flow without compromising ecological treasures like Karura Forest.

The matter will return to court on February 3, 2025, for a full hearing as the court granted the Katiba Institute’s application to be admitted as an Interested Party in the case.

Justice Omollo allowed the organization to provide evidence and information deemed essential for the just determination of the matter.

"The Intended Interested Party, apart from submitting written or oral arguments, be and is hereby allowed to submit any information or evidence it may deem essential and relevant to the just disposition of this matter," the judge ruled.

This ruling comes days after Environment CS Aden Duale assured that public participation will have to be conducted before part of the Karura Forest land is used for the expansion of Kiambu Road. Speaking during an interview on December 17, 2024, the CS revealed that the plans for the expansion of the road were initiated by the Jubilee administration.

While noting that a contract for the road was even awarded in 2018, Duale maintained that his ministry would ensure that the public is involved before the project is undertaken.

"A contract to expand the road was agreed on in 2018. What I have asked the people is whether public participation was done. If public participation was not done then the expansion of the road will not take place until public participation is done," he told NTV.

These developments had happened against the backdrop of a seemingly growing appetite for the encroachment and exploitation of forests across the country, with the government appearing complacent.