The case concerning the Ihithe-Ndunyu Njeru highway project in Kenya has a complex and contentious history involving numerous stakeholders and significant environmental concerns.
- Initial Proposal and Controversy (2009)
The Kenya National Highways Authority (KeNHA) proposed the upgrading the Ihithe-Ndunyu Njeru Murram road, which serves as an access road to Aberdare National Park. The National Environmental Management Authority (NEMA) denied the license due to potential environmental impacts, initiating long-standing opposition from conservationists. - Revised Project and Approval (January 5, 2024)
Despite earlier opposition, NEMA granted KeNHA a license to construct a 97.8 km bitumen highway, which included the 52km Ihithe-Ndunyu Njeru main section. This approval reignited controversy. - Environmental and Social Impact Concerns
The project would clear approximately 104 hectares of vegetation, including bamboo, forest, and moorland, within the Aberdare National Park and Forest Reserve. Studies by Nairobi, Oxford, and Amsterdam universities indicates the upgrade has no economic value and significant environmental impacts. - Alternative Route Proposal
Civil society groups and Conservation Alliance of Kenya (CAK) proposes the Kariamu-Ndunyu Njeru route as a viable alternative, offering greater socio-economic and environmental benefits at a lower cost. - Legal Challenges and Conservatory Orders
March 2024: Conservation organizations and lawyer Lempaa Suyanka file an appeal in the High Court against KeNHA’s plan.
April 15, 2024: The Environment and Land Court in Nyeri issues a conservatory order halting the project pending further hearings.
April 29, 2024: The order extended following an interparty hearing.
June 3, 2024: The order extended again, and the case was referred to the Chief Justice for the formation of an uneven bench. - Continued Legal Proceedings and Environmental Advocacy
Throughout these legal proceedings, various conservation groups, including the East African Wild Life Society (EAWLS), have actively opposed the project. They have emphasized the need for sustainable infrastructure development that balances economic growth with environmental preservation, as outlined in Kenya’s Constitution and Vision 2030. - Current Status
As of June 3, 2024, the Nyeri Environment and Lands Court extended the conservatory order again, maintaining the halt on construction. The case awaits further proceedings and the formation of an uneven bench for more thorough judicial review.
