Senior Counsel Peter Wanyama has announced that a court ruling has permitted the commencement of road construction for the dualling of the Muthaiga-Kiambu-Ndumberi Road (B3) by the Kenya National Highways Authority (KeNHA).
This comes despite a December court ruling that had barred the construction following a petition opposing the project, which is set to cut through part of the historic Karura Forest.
In a statement on Thursday, March 6, Wanyama revealed that he had taken over the case earlier this year and was able to have the judge reverse the orders halting the construction.
According to the former Law Society of Kenya (LSK) Presidential candidate, he managed to have the judge vary the orders and allow KeNHA to proceed with the construction on portions further away from the forest.
“Yesterday, I managed to get the judge to vary the orders to allow KeNHA to start constructing the road two kilometres away from Karura Forest,” part of the statement read.
“So, KeNHA will start constructing the road just before the Kiambu Road junction, all the way to Ndumberi. The Karura portion will wait for the determination of the substantive petition, which the judge has fast-tracked for hearing later this month.”
When reports emerged that the government was planning to cut through 51.64 acres of the forest to facilitate the dualling, public uproar ensued, culminating in a petition filed in late 2024.
However, the Kenya Forest Service (KFS) was quick to debunk these claims, clarifying that only about 5.4 acres of Karura would be affected by the construction which had been reportedly gazetted in 1951.
“Kiambu Road wayleave was gazetted in 1951 and has therefore existed within the Karura Gazetted Forest since the pre-independence era,” part of the statement read.
“Therefore, the intended expansion of Kiambu Road will be within the wayleave, and the notion that Karura Forest is being given out for the expansion of Kiambu Road is false, except for the planned interchange measuring 2.2 hectares (5.4 acres).”
In a High Court ruling on December 20, 2024, Environment and Land Court Judge Anne Omollo issued conservatory orders halting the construction altogether following a petition filed by the Greenbelt Movement.
“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, the ablution block, and the dualling of Kiambu Road affecting Karura Forest Reserve, pending the hearing and determination of the motion,” Judge Omollo stated.
A hearing later this month is set to determine the fate of the remaining portion of Karura Forest required to complete the project.
Source: kENYANS.CO.KE