Nema approved the project on January 5 and issued an environmental impact assessment licence to the Kenya National Highways Authority to proceed.
But the Conservation Alliance of Kenya has appealed the decision at the National Environment Tribunal.
The National Environment Management Authority is cited as the respondent while KeNHA is an interested party in the petition.
“The respondent erred in fact and law by issuing an Environmental Impact Assessment (EIA) license with conditions that are inconsistent with the EIA process, fail to provide any sufficient mitigation measures, and are too broad, weak and not specific or detailed enough to mitigate the long-term environmental and climate impacts of the project,” the petition seen by the Star says.
The proposed road in Nyeri and Nyandarua counties is 97.8km long.
The main section starts at Ihithe, takes a southwesterly course through the Nyayo Tea Zone, and enters Aberdare National Park.
The road then emerges from the park at about 33km at Mutubio Gate.
From this gate, the road descends through a series of hairpin bends to Kahuruko.
The stretch between Mutubio Gate and Kahuruko, which is about 10km, is tarmacked.
From Kahuruko, the project road continues to descend and ends at its junction with the C69 Road at Ndunyu Njeru.
Other road sections included in the project are Njengu-Treetops Gate-Amboni, the Ihithe-Kiamutiga-Mukara, the Ark Gate Access, the Munyaka-Koinange-Heni-Mwendandu, and the Njoma-Weru road sections, totalling 46km.
CAK says Nema erred in law and fact by failing to adequately assess project alternatives despite the existence of viable alternative routes that have more socio-economic benefits and are less financially and environmentally costly.
“The respondent erred in law and fact by issuing an EIA license based on an EIA report that is manifestly deficient in public participation.”
The organisation says Nema also failed by approving a project that did not include a comprehensive climate risk and vulnerability assessment in the EIA report.
The authority erred in law by approving the project, which is to be located in a natural ecosystem of national importance as it is one of the five main water towers in the country.
“It is an ecologically sensitive area that is unfit for the proposed project."
CAK faults Nema for issuing an EIA license without taking into account the population density and distribution of threatened species.
The cited species include the critically endangered black rhino, mountain bongo antelope, the African elephant, the leopard, indigenous tree species, and white-backed vulture nesting sites.
CAK alleges Nema issued the EIA licence based on a report that did not include a biodiversity study.
“The project will have severe consequences for the Aberdares and Kenya’s biodiversity, including the destruction of 103 hectares of delicate ecosystems, habitat fragmentation, disruption of wildlife migration, a decline in wildlife populations, invasive species management, avian collision risk management, possible human-wildlife conflicts, and reduction of water flow to several parts of the country, further exposing the country to serious environmental degradation,” the petition says.
The EIA license does not consider the cultural and historical importance of the Aberdares ecosystem.
“The respondent erred in law and fact by issuing an EIA license based on a fundamentally flawed EIA report plagued with misrepresentations, inconsistencies, and omissions.”
Pending the hearing and determination of the appeal, the alliance wants the EIA License No. NEMA/EIA/PSL/29911 dated January 5, 2024, issued by Nema to KeNHA suspended.
Nema has defended the road. “Analysis of route alternatives established that the proposed road is the most cost-effective route to connect Ndunyu Njeru in Nyandarua county to Ihithe in Nyeri county," the authority said in a brief.
It noted that the road would cut the travel time by more than one hour and 30 minutes over the other available alternatives.
"This will not only stimulate tourism activities in the Aberdare ecosystem but also spur the economic development of the local communities and surrounding counties.”
Conservationists condemned Nema’s action, saying the authority is putting a fragile ecosystem at risk.
Nema requires the implementation of a comprehensive offset and compensation plan for tree species to be cleared for the controversial road through the Aberdare ecosystem.
As part of the conditions of the licence, KeNHA has been tasked with developing and carrying out the plan.
The licence covers 185 acres of bamboo, 35 acres of montane forest, and 35 acres of moorland.
Some 255 acres will be affected by the road section passing through the Aberdare Forest Reserve and National Park.
The EIA licence says the width of the road will be reduced to 25m in sections crossing Aberdare Forest Reserve and National Park.
The licence is valid for 24 months, the time within which the project shall commence.
“The offset and compensation plan shall be authorised and supervised by the lead agencies responsible for the conservation and management of the national water towers, forests, and wildlife,” the conditions state.
“The implementation monitoring shall be reported to the authority on an annual basis, through environmental audit reports in line with sections 68 and 69 of the EMCA [Environmental Management and Coordination Act], 1999.”
An EIA is a critical examination of the effects of a project on the environment.
It identifies the negative and positive impacts of any development activity or project and how they affect people, property, and the environment.
EIA also identifies measures to mitigate the negative impacts while maximising the positive ones. It is basically a preventive process.
It seeks to minimise adverse impacts on the environment and reduce risks.
If a proper EIA is carried out, the safety of the environment can be properly managed at all stages of a project.
Kenha will submit to Nema the detailed designs and drawings for the proposed tunnels, underpasses, viaducts, and overpasses in Aberdare.
