The planned Sh1.38 billion Bungoma dual carriage is facing a hurdle after rights groups moved to court blocking it, saying the national government should build it.
They also cite the lack of public participation and environmental impact statements regarding the Bungoma-Mumias highway.
They want all work stopped.
The Kisumu High Court set April 30 for a hearing between Bungoma government and human rights activists on the planned construction and expansion of a Bungoma road into a dual carriageway.
Already a Chinese construction company is on site in Musikoma area.
On April 11 human rights activists John Khaoya Wekesa and Raphael Makokha obtained orders to serve the county for an inter-parties hearing that could stop planned works on the Musikoma-Kanduyi road.
However, as the activists were seeking orders, Bungoma Governor Wycliffe Wangamati, Roads CEC Collins Mukhongo and some MCAs held a public participation forum at Royal Hotel in Musikoma ward.
Mukhongo said they had followed all procedures and would proceed with the road expansion.
“This is one of our flagship projects and we will save our people from deaths and injuries on the narrow road. We have finalised everything," he said.
Activists are claiming a gross violation of the Constitution, no adherence to the rule of law and due process with regard to the construction of class C-33 KenHA road from Sang’alo junction to Kanduyi Junction.
The lobbyists urgently seek an interpretation of the functions of the national government vis a vis those of the county government.
In the petition dated April 9, the duo have sued Bungoma Governor Wycliffe
Wangamati, Roads CEC Collins Mukhongo, Chief Officer Maurice Marango, the director general of KenHA, the Attorney General and the Controller of the budget have been listed as respondents.
The activists said the respondents violated the Constitution, the Roads Act of 2007, the Environmental Management and Coordination act 1999, Nema regulations on impact statements, the County Government Act 2012, the Public Finance Act 2012, the Public Procurement and Disposal Act 2015 and other legislation.
They want the court to interpret, among other issues, whether the county and its officials violated the Constitution by awarding Sh60 to 70 million in 2018-19 on the KenHA road from Musikoma to Kanduyi.
