Kenya: KFS Defends Planned Kiambu Road Expansion, Cites Existing Wayleave

12 December 2024

The Kenya Forest Service (KFS) has clarified that the intended expansion of Kiambu Road is within the existing wayleave gazetted in 1951.

The wayleave, KFS said, has existed within Karura Gazetted Forest since the pre-independence era.

KFS emphasized the alleged allocation of Karura Forest for the expansion of Kiambu Road is false, except for a planned interchange covering 2.2 hectares (5.4 acres).

"KFS clarifies that Kiambu Road has been within Karura Forest's boundaries even before Kenya gained independence. Therefore, the intended expansion of Kiambu Road will [be] within the wayleave, and the notion that Karura Forest [is being] given out for the road's expansion is false, save for the planned interchange," the agency affirmed.

The clarification follows legal action taken by the Green Belt Movement, which has filed a petition to stop the government's plan to annex 51.64 acres of Karura Forest for the expansion of Kiambu Road.

The Green Belt Movement, an NGO co-founded by Nobel Laureate Wangari Maathai, filed the petition on December 11 in the Environment and Land Court, seeking to halt the process.

Court challenge

The movement noted that a private entity will use 51.64 acres of Karura Forest for the dualing of Kiambu Road.

It alleged issuance of a special user license without the requisite Environmental Impact Assessment (EIA) from the Kenya Forest Service (KFS) or the National Environment Management Authority (NEMA).

The petitioner argued that approvals for the road construction, along with plans for a recreational facility and an ablution block, failed to satisfy necessary licenses, calling the decision "deeply misguided and detrimental."

The movement contends that prioritizing short-term economic gains for a small minority undermines the long-term well-being of the nation's environment and future generations.

"The petitioner contends that participants [were] not informed of the amount of land to be utilized from Karura Forest, the species to be displaced, the biodiversity to be lost, or any alternatives to the project. This denied them the opportunity to fully appraise the project and tender informed feedback," the court papers state.

The Green Belt Movement is now urging the court to nullify the tender or agreement between the Government of Kenya and Sinohydro Corporation Limited, or any other entity, for the dualing of Kiambu Road, citing the lack of an EIA license.

The organization highlights the immense ecological, cultural, and historical value of Karura Forest, which serves as a crucial urban green lung for Nairobi, supporting water conservation, biodiversity preservation, and climate change mitigation.

They lobby further cited inadequete public participation process to inform stakeholders about the extent of the land affected and the long-term impacts on the forest.

"Licenses for the road construction and other developments, including a recreational facility and an ablution block, [were] issued without comprehensive environmental assessments," the court papers read.

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