By Mary Mwendwa
Nairobi, Kenya: A conservatory order was recently issued by the Environment and Land Court in Nyeri on April 15, 2024, to preserve the Aberdare National Park and Aberdare Forest. This was to stop the respondents or their agents from continuing the planned construction or any activity concerning planned construction or any activity concerning the construction of Mau Mau LOT 4: Ihithe-Ndunyu Njeru Road traversing the Aberdare National Park and Aberdare Forest, pending inter-partes hearing of the application on 29/4/2024 before the Environment and Land Court Judge in Nyeri.
The East Africa Wild Life Society (EAWLS) welcomed the order. While the EAWLS refrains from commenting on the specifics of the ongoing case, it acknowledges concerns raised regarding the potential environmental and livelihood impacts of the proposed route. Publicly available information indicates the existence of an alternative route, the Kariamu – Ndaragwa Road. Petitioners are concerned by the Kenya National Highways Authority (KeNHA) failure to consider the alternative route.
The alternative route, according to information in the public domain, would efficiently connect Nyeri and Nyandarua counties and mitigate adverse, deleterious, and irreversible environmental, economic, and cultural effects on the protected ecosystem – a critical water tower, biodiversity hotspot, hydroelectric energy source of national significance, and a national treasure upon which millions of livelihoods depend. The alternative road further provides additional socio-economic benefits as more people will be connected to the tarmac and will cost approximately one-third of the cost of the proposed road that threatens to cut through the Aberdare ecosystem.
Kenya Wildlife Service personnel and visitors, not for public use/ Courtesy photo.
Petitioners emphasize they are not against the road project but are for sustainable road infrastructure development that promotes economic growth while minimizing environmental impact, as outlined in Kenya’s Constitution and development blueprint – Vision 2030.
“We stand on the brink of a pivotal moment in Kenya’s conservation history,” said Nancy Ogonje, Executive Director of the East African Wild Life Society.
“Our actions today will determine the future of the Aberdare and countless other natural treasures that define our nation. The fate of the Aberdare rests in our hands. Together, we must rise to challenge the looming destruction with courage, conviction, and unwavering resolve for the benefit of current and future generations,” she added.
Aberdare National Park, a potential UNESCO World Heritage site, is home to many rare and critically endangered wildlife species, including the mountain bongo antelope. Globally, fewer than 100 individuals remain in the wild, with the largest population in the Aberdare.
This proposed road would threaten not only these rare species but also the very lifeline of millions – the Aberdare is a vital water tower, supplying 80% of the water used by farmers, communities, and in Kenya’s capital, Nairobi, through Ndakaini and Sasumua dams.
Disrupting critical wildlife corridors, destroying the closed canopy forest, and increasing road-kill risk caused by vehicle-wildlife collisions along the 25-kilometer stretch within the protected area will jeopardize the region’s biodiversity and endanger lives. It is crucial, therefore, for all parties involved to consider all viable options within the legal framework.
Public records further show that in 2009, KeNHA proposed upgrading the Ihithe-Ndunyu Njeru Murram road, the access road to the Aberdare National Park, which operates between 6 am to 6 pm in accordance with the law. The National Environment Management Authority (NEMA) denied KeNHA a license for the upgrade due to concerns about its potential environmental impact.
However, earlier this year, NEMA abandoned its long-standing position and issued a license for KeNHA to build a bitumen highway that will cross the park, threatening to divide one of the few remaining connected ecosystems into two. In response, a coalition of conservation organizations and lawyer Lempaa Suyanka filed an appeal in the high court against KeNHA’s plan to upgrade the 52km Ihithe-Ndunyu Njeru Murram Park road to a bitumen highway in March 2024.
