What you need to know about the contentious Ndunyu-Njeru Road project worth Ksh.4.4B

The proposed Ksh 4.4 billion construction of Ndunyu-Njeru-Ihithe road which will traverse 25 kilometres of the Aberdare Forest’s closed canopy and connect the Nyeri and Nyandarua Counties is also one of the projects that the President has vowed to proceed with in disregard to the rule of law.

The project is a centre of controversy with concerns about the massive negative impacts it has on natural forests.

Conservationists moved to court in 2009 to oppose the project saying that the moorlands, which will be divided by the proposed construction have a large concentration of elephants, a population that represents 10 per cent of the elephant population in the country and that this will affect the population should the project be given a nod to proceed.

The petitioners who include Rhino Ark Charitable Trust, Nature Kenya, National Environment Civil Society Alliance of Kenya, African Wildlife Foundation, Rhino Ark, Kenya Tourism Federation and the East Africa Wildlife Society said the road would bring minimal socio-economic benefits.

On 27th October 2009, the National Environment Management Authority (NEMA) rejected the approval of the project, citing impacts on the forest.

In its letter issued to the Ministry of Roads then, NEMA stated: “The Authority is unable to issue an environmental impact assessment licence for the project. You are advised to redesign your plans to explore alternative sites.”

The Kenya Forest Service and Kenya Wildlife Service, under whose custody the site where the project cuts through, have also objected to the construction of the road.

In May last year, President Ruto while attending the burial of Mukami Kimathi, the wife of freedom fighter Dedan Kimathi, in Nyandarua County issued a response to the flurry of calls from the local leadership to resume the construction of the road.

“You've asked me about the Ndunyu-Njeru road, which passes through Nyeri and cuts through Aberdare forest. Some people have taken us to court over environmental concerns. Senator Methu, I request you to persuade them to drop the case, and I will allocate the necessary funds,” Ruto said.

Fast-forward to 2024, it is not clear, why the president picked on the Judiciary when the project is objected to by the government’s agencies including the institution tasked with environmental management, NEMA.

In what appeared disregard for the rule of law and order the Head of State gave the Principal Secretary at the Ministry of Roads the green light, accusing courts of impunity and delaying government projects.

“The people of Nyandarua want development, ile barabara ya Ndonyo-Njeru-Ihithe mnataka tujenge ama mnataka tungoje maamuzi ya mahakama? Judiciary wanasema tusijenge. Mnataka nijenge? Bwana PS, weka pesa ya hiyo barabara tuanza kujenga. Kwa sababu the judiciary must be answerable and submit itself to the constitution and the people of Kenya,” Ruto said.

In light of the President's new battlefront against the third arm of government, 2024 will likely be punctuated by Executive-Judiciary friction, with far-reaching consequences.