High Court dismisses case against Ksh4.4bn Mau Mau Road through Aberdare

The High Court has dismissed a constitutional petition seeking to halt construction of the Ksh4.4 billion Mau Mau Road through the Aberdare National Park and Forest, removing one of the final legal obstacles facing the long-delayed infrastructure project.

A three-judge bench comprising Justices Lucy Gacheru, Bernard Eboso and James Olola ruled that the petition lacked merit, finding that the project’s environmental safeguards were sufficient if fully implemented.

In its judgment, the court held that the Environmental Impact Assessment (EIA) licence issued for the project was lawful and could not be invalidated on the grounds raised by the petitioners.

Justice Gacheru said the law in force when the licence was granted did not require the preparation of a Strategic Environmental Assessment report.

“Under the law that existed in 2024, the first respondent was not obligated to procure a Strategic Environmental Assessment Study report for the purposes of the EIA licence, and that is our finding on that issue. Therefore, it follows that we did not find any merit in this petition herein, and accordingly, we hereby dismiss the same entirely, and we make no orders as to course,” the judge said.

The judges further ruled that the petitioners had failed to demonstrate that the State violated Article 69(1) of the Constitution, which requires the protection and conservation of Kenya’s environment and natural resources.

The petition had sought a permanent order stopping construction of the road, arguing that the project threatened a protected forest ecosystem and infringed on the constitutional right to a clean and healthy environment.

Conservation groups maintained that the road would cut through about 25 kilometres of the closed Aberdare canopy forest, threatening the critically endangered Mountain Bongo and causing irreversible environmental, economic and cultural damage while disrupting wildlife habitats.

However, the Kenya National Highways Authority (KeNHA) defended the project, telling the court that it complied with all environmental requirements, underwent public participation and incorporated mitigation measures identified during the Environmental Impact Assessment process.

The ruling comes months after President William Ruto announced that the Mau Mau Road Project was about 60 per cent complete.

Speaking in May, the President said the government had allocated Ksh2 billion to ensure the road is completed within the next two years.

The 52-kilometre road, estimated to cost Ksh4.4 billion, was first identified as a Vision 2030 flagship project in 2009 but only began construction two years ago after years of delays.

Once completed, the road will link Githunguri in Kiambu County to Njengu in Nyeri County, where it connects with the Nyeri-Nyahururu highway, improving transport across four counties.

For more than 16 years, the project remained stalled amid sustained opposition from environmentalists and civil society organisations concerned about its potential impact on the fragile Aberdare ecosystem.

The Aberdare ecosystem is one of Kenya’s most important water towers and remains on the country’s tentative list for UNESCO World Heritage status. It supports millions of people through water catchment services while providing a critical habitat for wildlife, livestock and endangered species.

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