Nairobi, June 3 (Swara) – A three-judge bench of the Environment and Land Court in Nairobi concluded a pivotal three-day hearing on May 29, 2025, concerning the contested Ihithe–Ndunyu Njeru Road project that would cut through Kenya’s ecologically sensitive Aberdare National Park and Forest Reserve.
The case, presided over by Justices Lucy Gacheru, Benard Eboso, and James Olola, pits conservation groups against government agencies over the construction of the proposed 52-kilometre road.
The petitioners—East African Wildlife Society (EAWLS), Kenya Forest Working Group, African Centre for Peace and Human Rights, and lawyer Lempaa Suyianka- made a compelling argument. They warned that the road, if built, would irreversibly damage the Aberdare ecosystem. They stressed that the project threatens critical water catchments supplying Nairobi and Lake Naivasha and endangers rare wildlife, including the critically endangered mountain bongo, of which fewer than 100 remain in the wild.
Dr Festus Ihwagi, a wildlife biologist and senior scientist at Save the Elephants, testified that the road would fragment habitats, increase poaching, and introduce invasive species. He criticised the Road project’s Environmental Impact Assessment (EIA), saying it lacked a strategic assessment of adjacent areas and failed to account for long-term impacts on agriculture, pastoral communities, climate change, and water supply to Nairobi residents.
The petitioners presented shared witnesses during the hearing, including Dr Ihwagi and Dr Fernanda Urzua, whose lawyers cross-examined. An affidavit by Ms Nancy Ogonje, the EAWLS Executive Director, was admitted into the record without cross-examination despite objections from Kenya National Highways Authority’s (KeNHA) counsel. The court also rejected an application by the Attorney General’s representative to file an additional affidavit.
The court, in a move that underlines the thoroughness of the judicial process, scheduled a site visit for July 18, 2025. The judges will familiarise themselves with KenHA’s proposed routes and the petitioners’ alternative path. Representatives of all parties will be present on-site to answer any questions or provide clarification.
Conservationists advocate for an alternative route, the Kariamu-Ndunyu Njeru Road, which is 17 kilometres shorter and would cost approximately one-third of the proposed road’s budget. They argue that this route would efficiently connect Nyeri and Nyandarua counties while mitigating adverse environmental impacts on the protected Aberdare ecosystem.
The Aberdare National Park, a potential UNESCO World Heritage Site, is home to numerous rare and critically endangered wildlife species, including the mountain bongo antelope. The park is also a vital water tower, supplying 80% of Nairobi’s water through the Ndakaini and Sasumua dams.
The court’s decision to proceed with the hearing underscores the importance of balancing infrastructure development with environmental conservation. The outcome of this case, which could set a precedent for future projects in environmentally sensitive areas, is essential and is being closely watched by all stakeholders.
