Nairobi — Lobby groups have moved to the Environment and Land court to block the planned construction of the controversial 52- kilometer Mau-Mau Road, which cuts through the Aberdare National Park and Forest Reserve.
The conservationists argued that if the Sh4.4 billion road is not stopped, it would have harmful and irreversible environmental, economic, and cultural impacts on the Aberdare.
East Africa Wildlife Society, Kenya Forest Working Group, Africa Centre for Peace and Human Rights and Lempaa Suyianka, an advocate said the construction of the road would imperil rare, endemic, and critically endangered animals and plants.
"The Aberdare is a critical water catchment for millions of people, livestock, and wildlife across Kenya. It supplies 80 percent of the water Nairobi City County uses through Sasumua and Ndakaini dams and generates 55percent of Kenya's hydroelectric power," the petitioners stated.
Justice Anne Omollo transferred the case to Nyeri court and directed lawyer Amos Shihundu to serve the court papers upon Kenya National Highways Authority (KeNHA), Kenya Water Towers Agency, National Environment Management Authority (Nema) and Norken International Limited.
The case will be mentioned on April 3 before Justice James Olola for directions.
Conservationists have opposed the construction of the Ihithe-Ndunyu Njeru Road and had called on Nema to reverse the decision granting a license for the upgrade of the highway.
An appeal has been filed at the Environmental Tribunal in Nairobi contesting the same.
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The lobby groups state that the road would endanger the lives of millions of people, livestock, and wildlife in Kenya dependent on the Aberdare for water.
Shihundu said the Aberdare is a protected and fragile ecosystem hosting rare and endemic besides critically endangered, endangered, vulnerable, threatened, and near threatened species per the International Union for Conservation of Nature (IUCN) Red List of threatened species.
"Besides, the Aberdare Mountain is on the tentative List of UNESCO World Heritage sites as one of the most impressive landscapes of Eastern Africa with great scenic beauty. And for supporting important ecological processes within and beyond its catchment and hosting endemic and endangered species," the lawyer submitted.
The petitioners fear that KeNHA could begin to construct the road, a move that will have irreversible environmental and cultural impacts on the Aberdare ecosystem.
They want the court to decide whether the risk of extinction of at least four species in the Aberdare (like the Mountain Bongo) and other issues in the case are substantial questions of law and should be certified for hearing by a bench of five or seven judges appointed by the Chief Justice.
