Green Belt sues state over hiving off Karura Forest for Kiambu Road expansion

Karura Forest Gate C/FILE

The Green Belt Movement has sued the government over an attempt to excise 51.64 acres of Karura Forest for the construction of a dual carriageway along Kiambu Road.

Green Belt Movement, an NGO co-founded by Nobel Laureate Wangari Maathai, on December 11 filed a petition in the Environment and Land Court seeking to stop the process.

“Karura Forest, one of Kenya's last remaining urban forests, is under threat as plans by the government through Kenya Forest Service and Kenya National Highways Authority to excise 51.64 acres of its land—equivalent to 29 standard football pitches—have been approved for the construction of a dual carriageway along Kiambu Road.

“Also the Kenya Forest Service has issued a special license to a private entity  to construct a recreational facility on 2.076 acres of the Forest. All these allocations have been done contrary to the law and can be interpreted as illegal annexation of public forest,” GBM alleges in its suit papers.

In the court papers GBM adds that the Kenyan government has reportedly entered into an agreement with China to advance a loan of an estimated Sh38 billion to finance the construction of the Kiambu Road dual carriageway, which is to be constructed by a Chinese company.

The listed respondents include the Attorney General, Environment Cabinet Secretary, the Kenya Forest Service, National Environment Management Authority, Kenya National Highways Authority, Athi Water Works Development Agency, Kenya Urban Roads Authority and three private companies. The listed respondents are yet to be served.

The interested parties are the Law Society of Kenya, Natural Justice, East Africa Wildlife Society and Friends of Karura Forest Community Association.

GBM argues that the forest holds immense ecological, cultural, and historical value, as it serves as a crucial urban green lung for Nairobi, playing a vital role in water conservation, biodiversity preservation, and climate change mitigation.

“The 51.64-acre encroachment would lead to significant deforestation, destroying biodiversity and critical habitats within the forest. The Environmental and Social Impact Assessment (ESIA) conducted lacked transparency and failed to consider alternatives to minimize harm. The construction will result in increased pollution, soil erosion, and a reduction in rainwater infiltration, further exacerbating climate risks,” GBM argues in the petition.

It says that while the third respondents [KFS and Nema] argue that that the construction of Kiambu dual carriage road follows a wayleave that was granted in 1951, ‘they fail to provide a copy of the said wayleave, particularly one that itemizes that the 51.64Ha that they have granted a license to the 5th Respondent [KeNHA] was as conferred in the wayleave.

The Petitioner contends that even where this was to be the case, the current boundary lines as currently drawn would never have been, as they would have clearly outlined prior to the installation of the fence.

The lobby claims the public participation process failed to “adequately” inform stakeholders of the extent of land to be excised or the long-term impact on the forest.

“Licenses for the road construction and other developments, including a recreational facility and an ablution block, were issued without comprehensive environmental assessments,” it submits.

It further notes that the fight for Karura Forest is deeply tied to Wangari Maathai's legacy as she championed the protection of the forest against illegal land grabs, making it a symbol of environmental justice in Kenya.

“Encroachments threaten to reverse decades of progress in reforestation and conservation, undermining efforts to increase Kenya's forest cover to 30% by 2032,” the petition adds.

If the process goes ahead, the Green Belt Movement argues that urban livelihoods will be negatively impacted as Karura Forest provides clean air, recreational space, and a natural habitat for biodiversity within Nairobi’s rapidly urbanizing environment.

Second, the lobby argues that water security will be affected as the forest protects key water sources for Nairobi and surrounding areas.

“Deforestation could lead to sedimentation in rivers and reduced water quality,” it says, adding that any encroachment will undermine Kenya's commitments to global environmental goals as the forest is being a major carbon sink, mitigating the effects of climate change.

Noting that Karura Forest is a cherished cultural and recreational site, the petitioners argue that the proposed developments risk its degradation and loss as a public space.

Consequently, petition demands the cancellation of the special-use license for road construction and recreational facilities within Karura Forest; comprehensive Environmental Impact Assessments and Strategic Environmental Assessments, adhering to constitutional and statutory requirements and public consultations that genuinely addresses the concerns.