The Aberdare ecosystem-rich biodiversity has won big after the Environment and Land Court in Nyeri stopped the construction of a road cutting the Aberdare National Park into two.
Judge Kossy Bor on Tuesday ordered the government to halt the construction of the road until the case filed by three environment conservation groups and lawyer Lempaa Suyianka is heard and determined.
“It is hereby ordered that a conservatory order preserves the Aberdare National Park and Aberdare Forest by stopping the respondents or their agents from continuing the planned construction or any activity concerning the construction of Mau Mau LOT 4; Ihithe- Ndunyu Njeru road traversing the Aberdare National Park and Aberdare Forest pending inter partes hearing of the application on 29/04/2024 before the Environment and Land Court Judge in Nyeri,” part of the ruling read.
The petitioner includes East Africa Wildlife Society, Kenya Forest Working Group, and Africa Centre for Peace and Human Rights with lawyer Lempaa Suyianka being the fourth petitioner.
The respondents in the case are Kenya National Highways Authority, Kenya Water Towers agency, Norken International Ltd, and National Environment Management Authority with Law Society of Kenya, National Museums of Kenya, Kenya Wildlife Service, and Kenya Forest Service as interested parties.
The East Africa Wildlife Society has welcomed the conservatory orders acknowledging the concerns raised regarding the potential environmental and livelihood impacts of the proposed route. “We stand on the brink of a pivotal moment in Kenya’s conservation history,” said Nancy Ogonje, Executive Director of the East African Wild Life Society.
“Our actions today will determine the future of the Aberdare and countless other natural treasures that define our nation. The fate of the Aberdare rests in our hands. Together, we must rise to challenge the looming destruction with courage, conviction, and unwavering resolve for the benefit of current and future generations,” she added.
The Mau Mau Road stretching 25 kilometers across the Aberdare National Park, it’s taunted as the highest road in Africa, with the highest peak sitting at 3,200 meters above sea level. The proposed Ihithe-Aberdare Forest-Kahuruko-Ndunyu Njeru Road will meander through the closed canopy with its proponents terming it a missing link between Nyandarua and Nyeri Counties, hence aimed at spurring growth. To those against it, the project is an ecological disaster that will fragment the Aberdare ecosystem.
The National Environment Management Authority (NEMA) had in 2009 expressed fear the Sh 4.4 billion project would spell doom to the majestic peaks, picturesque, steep forested ravines, and open moorlands. Touring the Park, the sights for elephants, black rhinos, leopards, spotted hyenas, olive baboons, black and white colobus monkeys, buffalos, warthogs, bushbucks, and endangered Mountain Bongos is mind-boggling.
“The proposed project will have a massive impact on the natural forests during construction. It is possible that some endangered tree species may be affected,” Nema said in a letter dated October 27, 2009, before changing the tune this year and allowing its construction.
NEMA findings were supported by the Environmental and Social Impact Assessment (ESIA) report conducted by Norken International Ltd, which indicates an approximate area of 385 acres along the existing road is under the project footprint. Ironically, Norken International Ltd was contracted to conduct the ESIA study and also design the road.
To stump the ecological disaster facing one of the biggest water towers in the country, the report reveals around 257 acres of vegetation are lying in areas that will potentially be cleared. “Out of this, 185 acres of bamboo will be destroyed, 35 acres of forest, and another 35 acres of moorland will potentially be destroyed,” part of the ESIA report revealed.
Dr. Paul Matiku, Executive Director Nature Kenya said the road is not for carbon sequestering. “Kenya is a leading player of a country that wants to be carbon neutral, the country needs roads but not across the forest and the park,” said Dr. Matiku. Though at the incubation stage, the authorities and scientists term the road a ‘black snake of the Aberdares’, whose venom to the fragile ecosystem will be felt far and wide.
Rhino Ark Kenya Chief Executive Officer Christian Lambrechts says the proposed upgrading of the roads is not in line with existing policies and laws. “By clearing at least 185 acres, the road will undermine the recent commitments made by President William Ruto to increase the tree cover to more than 30% by 2032 by planting 15 billion trees,” said Christian.
The project also goes against the Vision 2030 policy of restoring the five main water towers of Kenya (including the Aberdares) entitled the Water Catchment Management Initiative, due to their critical water catchment functions. Under the 2015-2045 National Spatial Plan, it ranks the water towers, wetlands, and natural forest as the number one protection areas where ‘development is not permitted in these areas except for eco-tourism and research purposes’.
“Aberdares ecosystem is a global park because it’s home to species of global significance and without it, Kenya would have let down the global community,” said Dr. Matiku. According to Dr. Matiku, interfering with it means the country is negating its commitment to achieving the Sustainable Development Goal (SDGs) number 6, which touches on access to safe water, sanitation, and hygiene as the most basic human need.
He noted the forest is a sink for water coming from the moorlands that comprise bogs, wetlands, and peat lands which oozes out during the dry season serving pastoralists as far as Tana Delta. The ecosystem is the source of Athi River and the Ewaso Nyiro River which are lifelines for millions of Kenyan households living downstream, especially pastoral communities.
“It is a water catchment of Ndakaini and Sasumua dams which provides the lion’s share of the water used in Nairobi City and together with Mt Kenya, they contribute 70% of the country’s hydro-power produced by Tana River, Seven Forks” said Dr. Matiku. He added that Malewa River on the western side of the mountain range drains into Lake Naivasha hence its disturbance will affect the Lake.
“The universal value the Aberdares offer to every Kenyan and the global community. The Mau Mau road being proposed is totally unwanted, it is not economically viable and an ecological disaster,” said Dr. Matiku. But to the promoters, the road will be a linkage between the two agricultural counties and will enhance the economic activities of the communities and business owners residing alongside the road.
The Norken International Ltd ESIA report indicates two main alternative routes namely Ndunyu Njeru through Olkalau-Nyahururu-Ndaragwa-ihururu – Nyeri town. The second route is Ndunyu njeru-Njambini-Githuma-Othaya-Nyeri town.
“The first route will take a road user 3 hours 17 minutes to drive through and the second option 3 hours 46 minutes. The proposed road is the most viable with users spending 1 hour 30 minutes saving them money and time,” the report said.
The theory has been challenged by environmental experts citing it will be the highest road in Africa sneaking into the park via Mutubio gate which is at 3,200 meters above sea level and exits at Kia Ndongoro gate sitting at 3,000 meters above sea level.
Rhino Ark CEO Christian Lambrechts says the road across the forest reserve and the national park is characterized by steep vertical gradients reaching 13.56%, exceeding the maximum gradient (11%) stipulated in the road design manual.
“The speed of the heavy goods trucks and semi-trailer trucks will be significantly less than the maximum design speed of 50Kph. Vehicles must climb to an altitude of 3,200m, where there is extra pressure due to the cold, fog, and isolation,” Christian said.
“In the moorlands inside the Park, the maximum speed will be 40 kph to mitigate the impacts on wildlife. If the speed is higher, this means it will be a disaster for humans and wildlife due to accidents,” said Dr. Matiku.
The scientists’ sentiments are echoed by a detailed study conducted in 2020 by the Universities of Nairobi, Oxford, and Amsterdam entitled “Evaluating the socio-economic potential of road development projects around the Aberdare range”.
The report indicated the proposed upgrading will not bring people closer to main roads as it will cross forest reserves and national parks that are not inhabited. It added that most of the farm produce in Nyeri County is similar to those in Nyandarua County.
“There is no cost-benefit analysis done that justifies the expense of over Sh 4 billion. It must also be bear in mind that building roads in bogs, swamps, and peat lands is also more expensive than in other habitats because a high road base is needed to ensure that the road surface is high enough above fluctuating water levels, along with sufficient culverts to ensure adequate drainage,” the report added.
Dr. Dominic Walubengo, Co-Chair, of the National Environment Civil Society Alliance of Kenya said the estimated project cost could be used to invest in establishing agro-processing industries in the two counties for the value addition of products.
“This option is seen as viable because it would reduce post-harvest losses, create employment, and increase the shelf-life of commodities which would be transported through the existing roads to other markets. This option means saving the Aberdares,” said Dr Walubengo.
With Aberdare National Park being a tourist destination, experts say its aesthetic value will decrease sharply. According to the Park Management plan, there are over 250 species of birds in the park, including the Jackson’s Francolin, Sparrow hawks, goshawks, eagles, sunbirds, and plovers.
Apart from disrupting the bird-watching paradise, the road will cross, and impact significantly, the heartland of the mountain bongo antelope.
This is a critically endangered species with no more than 80 individuals remaining in the wild globally, with the largest group, comprising 40-50 individuals, residing in the Aberdare National Park precisely where the upgrading of the road will take place.
A 2017 report ‘Elephant Survey, Aberdare Conservation Area’ by the Wildlife Conservation Society and Rhino Ark with support from the KWS and the Kenya Forest Service, estimated the elephant population in the Aberdare ecosystem at 3,568. This population represents nearly 10% of the total elephant population in Kenya.
The Black snake of Aberdares is also taunted to displace large numbers of snakes, frogs, and lizards. On her part, Environment and Forestry Cabinet Secretary Soipan Tuiya said there has to be a demonstration of the absolute need to take up a road across the Aberdare forest.
