A three-judge bench of the Environment and Land Court has dismissed a petition seeking to stop the planned upgrading of the Ihithe–Ndunyu Njeru Road through the Aberdare National Park, finding that the project has adequate environmental safeguards.
The petition had been filed by the East Africa Wildlife Society and three other petitioners, who argued that upgrading the existing murram road to bitumen standard would violate constitutional provisions on environmental protection, including the right to a clean and healthy environment under Articles 10, 11, 42 and 69 of the Constitution.
In their judgment, Justices Gacheru, Eboso and Olola found that the Kenya National Highways Authority (KeNHA) had undertaken an Environmental and Social Impact Assessment (ESIA) and incorporated adequate mitigation measures to minimise environmental harm. The judges further held that the National Environment Management Authority (NEMA) had imposed sufficient conditions in the Environmental Impact Assessment (EIA) licence to safeguard the environment.
The court observed that if the mitigation measures outlined in the ESIA report and the conditions attached to the EIA licence are fully implemented, the environment would be adequately protected.
In dismissing the application, the bench emphasized that the constitutional right to a clean and healthy environment does not prevent infrastructure development, provided such development is environmentally sustainable.
The judges rejected the petitioners’ request for a permanent injunction to halt the project, noting that the road already exists as a motorable murram road passing through the Aberdare Forest Reserve and Aberdare National Park, linking Ihithe in Nyeri County with Ndunyu Njeru in Nyandarua County.
The court also noted that during the hearing, the judges visited and travelled along the existing road, confirming that the project involves upgrading an already operational road to bitumen standards rather than constructing a completely new route through the protected area.
The decision clears the way for the road upgrade to proceed, subject to compliance with the environmental mitigation measures and licence conditions identified during the approval process.
