The Environment and Land Court at Milimani has issued conservatory orders halting the use of 51.2 acres of Karura Forest land for the proposed expansion of Kiambu Road.
In the ruling issued on Friday, December 20, the court ruled in favour of an application by the Green Belt Movement which sought to prohibit any activities that could harm the forest pending determination of the matter.
"The Court hereby issues conservatory orders prohibiting the Respondents or their agents from carrying out the planned construction or any other activity related to the construction of the recreational facility, ablution block, and dualing of Kiambu Road affecting Karura Forest Reserve, pending the hearing and determination of the Motion," Justice Anne Omollo stated in her ruling.
Additionally, the court granted the Katiba Institute’s application to be admitted as an Interested Party in the case.
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Justice Omollo allowed the organization to provide evidence and information deemed essential for the just determination of the matter.
"The Intended Interested Party, apart from submitting written or oral arguments, be and is hereby allowed to submit any information or evidence it may deem essential and relevant to the just disposition of this matter," the judge ruled.
The matter will return to court on February 3, 2025, for a full hearing.
The court directed the Katiba Institute to file their submissions within 14 days.
This ruling comes days after Environment CS Aden Duale noted that public participation will have to be conducted before part of the Karura Forest land is used for the expansion of Kiambu Road.
Speaking during an interview on December 17, 2024, the CS revealed that the plans for the expansion of the road were initiated by the Jubilee administration.
While noting that a contract for the road was even awarded in 2018, Duale maintained that his ministry would ensure that the public is involved before the project is undertaken.
"A contract to expand the road was agreed on in 2018. What I have asked the people is whether public participation was done. If public participation was not done then the expansion of the road will not take place until public participation is done," he said.
