An environmental conservation lobby group has sued the government over alleged plans to hive off 51.64 acres of land from Karura Forest to expand Kiambu Road.

Greenbelt Movement in its case before the Environment and Planning Court accused the government of plotting to kill the forest’s eco-system by dualling the road, in bid to expand Kiambu town.

The movement, founded by former Nobel Peace Prize Winner Wangari Maathai, wants the court to stop the multi-billion-dollar project.

It alleges that the government had already inked a Sh38 billion loan deal with the Chinese government to dual the road from Muthaiga.

Greenbelt expressed concern that the government would commence construction without the requisite approvals from the National Environment Management Authority (Nema).

“As the petitioners, we are apprehensive that the Government would commence the construction of the road without the approval of the 4th Respondent as is its mandate, and that the 4th Respondent has delayed granting the approval or formally declining the same and thus, we approach the Court in line with Article 70 of the Constitution,” the lobby’s court papers read in part.

Lawyer Kennedy Waweru, for the lobby, claimed that the Kenya Forest Service (KFS) is in the process of surrendering the land to the contractor.

He said the exercise was shrouded in secrecy as the government has not made public plans to construct the road.

Waweru claims that the project will involve cutting down the trees and clearing the vegetation around the forest. He said this would harm the forest’s water table, flora, and fauna.
He alleged that besides the road, a toilet and an entertainment joint are proposed to be built in the same location.

“Petitioners or applicants urge the honorable court to find it necessary to issue the Orders sought herein in the interim to avert the irreversible effects of deforestation in favour of the establishment of a recreational facility, an ablution block and the dualling of Kiambu Road,” he argued.

In her supporting affidavit, Greenbelt Movement chair Nyaguthii Chege told the court that the forest based in Kiambu county has at least Kiambu Road spanning 2570 acres of trees and vegetation.

Nyaguthii said whistleblower has revealed a plot to allegedly destroy Karura forest to expand Kiambu town.

“Petitioner was made aware by a whistleblower on the intended destruction of Karura forest under the purported plan for dualling of Kiambu Road, to decongest the road and open up Kiambu town as described by the respondents,” she claimed.

She claimed that despite the lobby seeking information from the government to ascertain the information, the relevant agencies remained tight-lipped.

Greenbelt sued the Attorney General, Cabinet Secretary, Ministry of Environment, Climate Change and Forestry, Kenya Forest Service, Nema, Kenya National Highways Authority.

It also named ASSUP Enterprises Limited, Athi Water Works Development Agency, Apec Construction Limited, Kenya Urban Roads Authority and a Chinese government-owned hydro-power engineering and construction company, Sinohydro Corporation Limited.

The lobby group listed Law Society of Kenya, Natural Justice, East Africa Wildlife Society, and Friends of Karura Forest Community Forest Association as interested parties.

According to Nyaguthii, KFS responded to the questions raised by indicating that the construction was based on a 1951 plan. She said that however KFS did not divulge any other information.

“The response by the 3rd respondent was that the construction of a dual carriageway on Kiambu Road followed a way leave granted in 1951. The 3rd respondent however never annexed any attachments to demonstrate what their contributions were, if any, to the public participation done during the Environmental Impact Assessment,” she said.