Kenya’s High Court Rules On Karura Forest Road Construction
The High Court imposed conservatory orders, preventing the government from dividing around 51.64 acres of Karura Forest area for Kiambu Road construction.
Environment and Land Court Judge Justice Anne Omollo issued an injunction to suspend any planned developments on the property until the case is heard and decided.
Justice Omollo stated, βThe Court do hereby issue 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, the ablution block, and the dualling of Kiambu Road affecting Karura Forest Reserve, pending the hearing and determination of the motion.β
π₯π₯π₯π₯A win for Karura Forest! π³
— Green Belt Movement (@GreenBeltMovmnt) December 20, 2024
Today, the Environment & Land Court at Milimani issued conservatory orders to stop the excision of 51.2 acres of Karura Forest to expand Kiambu Road.
The case will be heard on 3rd Feb 2025. Let us keep fighting for our forests! #SaveKarura pic.twitter.com/kMWHQHi2wI
The verdict derives from a petition filed by the Greenbelt Movement, which opposed any development on the property. This idea provoked objections from environmental conservation organizations, prompting the government to defend itself.
The Greenbelt Movement filed the appeal to prevent the government’s plan, stating that the proposed land allocation is comparable to 28 conventional football pitches and would significantly impact Nairobi’s green space.
In response, the Kenya Forest Service (KFS) confirmed that the Kiambu Road Wayleave was formed in 1951 and has been part of the gazetted Karura Forest since before independence.
STATUS OF KARURA FOREST WAYLEAVE
— Kenya Forest Service (@KeForestService) December 11, 2024
Kenya Forest Service seeks to clarify a matter regarding the status of Karura Forest wayleave.
Kiambu Road wayleave was gazetted in 1951 and hence has been in existence within Karura Gazetted Forest since the pre -independence era.
They asserted that the proposed road expansion will take place inside this existing wayleave and that the idea of transferring Karura Forest land for the project is untrue, with the exception of a planned interchange measuring 2.2 hectares (5.4 acres).
Despite these pledges, conservationists and environmental groups continue to urge the government to consider alternative infrastructure development options that do not encroach on protected forest regions.
They argue for optimizing existing infrastructure, improving public transportation, and utilizing smart technologies to improve traffic flow while protecting ecological assets such as Karura Forest.
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However, the case has been put on hold until February 3, 2025, when it will be discussed again. The court also designated Katiba Institute as an interested party.
Environment Cabinet Secretary Aden Duale indicated this week that public involvement will take place before any progress is made.
“A contract to expand the road was agreed on in 2018. What I have asked the people is whether public participation was done,” he stated in an interview with NTV.
“If public participation was not done, then the expansion of the road will not take place until public participation is done.”
Kenya’s High Court Rules On Karura Forest Road Construction
