Conservation and Development, potential partners or perennial enemies

SOUTHERN BYPASS THROUGH THE PARK FACES MORE RESISTANCE

(Posted 12th May 2015)

Emotions are running high again among conservation circles in Kenya over plans by the Kenya National Highway Authority to take possession of some 89 acres of Nairobi National Park land, once the National Assembly has degazetted the stretch of land which runs along the park boundary from the Ole Sereni Hotel to near the Tamarind complex beyond Wilson Airport. Notably has much of the land in question been subject to major corporate social responsibility efforts over the past decade to plant trees and create a buffer from the boundary fence into the park, all of which will be lost once parliament has signed off on the degazetting, something which is expected to happen inspite of the protests and petitions now being filed.

‘I have respect for the conservation community and their outcry over the land being taken to complete the missing link for the Southern Bypass highway around the city. What I do not understand is the lamenting over illegal encroachment on the outside of the park boundary. Yes it was illegal, but yes, it is also a fact of life, something my fellow Kenyans should be aware of. Those buildings will not be razed to the ground. So the only option to complete the Southern Bypass is through the park. A tunnel version would be hugely expensive and it think Realpolitics are that because the route will skirt the boundary line it will be a fait accompli. Were it to run across the park there would be no way parliament would approve that but along the boundary is a no brainer. In addition, I would counsel the conservationists to be more vocal and direct their efforts into an area where they can succeed. They should use this as a lever to get guarantees to keep the migration routes across the Athi plains and Kitengela plains open. They should demand that instead of getting 89 acres on the other side of the park the land added there should be three or four or five times the size of what will be used for the highway. They should seek ironclad guarantees from government that never again will park land be touched. The smart thing to do is not to waste resources on fighting the inevitable but to cash in and trade in as I described it. And please, in view of how people are being hounded and vilified on the social media who speak up for the highway route, no names!’ contributed inspite of the late hour a regular commentator. He also mentioned that considering the daily traffic chaos in Nairobi, there sadly was no other option and sacrifices needed to be made, albeit by setting the cost for government extremely high.

On the Facebook page of Kenya’s Elephant lady, Dr. Paula Kahumbu, the following letter to the Kenya National Highway Authority and to the Kenya Wildlife Service was published yesterday afternoon and is for the benefit of readers published here to give a fair and balanced overview of the challenges at hand and the motivation of the conservation community. Yet, it is clear that there are two schools of thought and both arguments at one level or another make sense. As always will time tell which way the Kenyan parliament will vote when the degazetting of the 89 acres of parkland comes on the order paper and be sure to watch this space to find out the news as and when available.

Start quote:

Engineer L. K. Tonui
Acting Director General
KeNHa
Blue Shield Towers,
P.O. box 49712-00100
Nariobi

William Kiprono
Acting Director General
Kenya Wildlife Service
P.O. Box 40241 – 00100
Nairobi Kenya

11th May 2015

REF:Proposed exchange of land in Nairobi National Park for the construction the Southern By-Pass.

Nairobi National Park is the only park within a capital city with wild megafauna including four of the Big Five. It is the oldest National Park in Eastern Afica and is beloved by residents and visitors to Nairobi alike. Nairobi Park is one of the most important rhino sanctuaries in the world. More than 10,000 visitors enjoy this extraordinary park each month. Kenya is blessed with spectacular wildlife which is highly prized by citizens and visitor alike. Wildlife in Kenya is protected by some of the best Wildlife and environmental conservation laws in the African region including the Wildlife Conservation and Management Act (2013) and the Environmental Management and Coordination Act (1999).

It has come to our attention via an advertiement in the Stanard on April 30th 2015 that the Kenya National Highways Authority (KeNHa) intends to excise 89 acres of Nairobi Park land along a distance of 4 km from Ole Sereni Hotel to Carnivore Restaurant for teh construction of the Southern Bypass Road. We note that KWS is to be compensated by purcahse of a parcel of land to eschange it on the southern side of the park. We also note that pegs have been placed inside the park to demarcate the route.

First, to degazette any part of Nairobi Park for the purpose of development, will set a very dangerous precedent for the future of Kenya’s protected areas. We are aware that the land north of Nairobi Park between Ole Sereni and Carnivore is Railways land that could have been used for the Bypass but it has been developed irregularly.

We are also aware that citizens have already objected to the planned developments in the Nairobi Park, and that a case herd by the National Environment Tribunal has already ruled against the proposed development of the Southern Bypass inside of Nairobi Park.

According to the advertisement in the Standard, is invited to inspect detils of the proposal at the KeNHa Head office and KWS Head office. We have inquired at both KWS and KeNHa head offices, and neither can can make the document available thus making this plan illegal as Section 38 of WCMA (2013) and EMCA (1999) have not been adhered to.

It is our duty to inform you that to proceed with the planned public consultation meeting/workshop on 3rd July 2015 at KWS would be unlawful given that the law is not being followed.

We further wish to draw your attention to the ruling of the National Environmental Tribunal (Tribunal Appeal No NET/91/2012, herein attached) which still stands. According to the ruling in the event that any portion of the Southern bypass encroaches on NNP, a full EIA must be conducted. Further, any changes in the boundary of the park must follow WCMA, 2013 provisions outlined under Section 34 of the Act which requires joint consultation with the National Land Commission and an approval by Parliament.

We understand that the KeNHA have produced addendum to the original EIA. This addendum is invalid because the NET ruling requires a new EIA to be conducted and as the court observed in the above ruling, the EIA was so badly conducted as to render it invalid.

We are also aware that the "addendum" has not been submitted to NEMA.

Additionally any plan that would impact the ecological integrity of the NNP requires a decision to be made by a duly constituted board at KWS as provided for by part two of the WCMA, 2013 and the rules of quorum as prescribed by schedule one of the same Act

Notwithstanding the damage to the integrity of the park that Southern Bypass poses, the plans contravene several provisions of the WCMA, 2013.

We draw your attention to Section 44 of WCMA that requires every national park be managed in accordance with a gazetted management plan as prescribed in the 5th Schedule, and to the fact that Nairobi national Park management plan expired in 2012 and has not been updated despite the WCMA, 2013 having been in operation for more than a year.

We are concerned that KeNHA appears to be ready to contradict several ipmortant laws of Kenya by insisting that the Southern Bypass will continue into the Nairobi National Park. We have observed with concern, that the contractor at the edge of the park and are concerned that they are planning on encroaching on the park without due procedure being followed.

On the basis of the above concerns, we wish to submit our objections to the proposed construction of the Southern Bypass into Nairobi National Park.

To quote former Vice President Moody Awori, "The British and the French dug a tunnel beneath the ocean to enable a railway to connect the two countries. Why can’t we do a tunnel in Nairobi Park?"

We have no objection to development and we urge KeNHa to develop alternatives such as the use of grabbed land north of the park, and exploring options for undeground tunnel for this section of the Souhern Bypass.

Yours Sincerely,

COPIED TO:

Cabinet Secretary, Ministry Environment, Water and Natural Resources Judi WAkhungu <csoffice>

Principal Secretary, Ministry Environment Water and Natural Resources Richard Lesiyape <psoffice>

Hon Amina Abdallah, Chairman, Parliamentary Committee on the Environment clerk

Friends of Nairobi National Park fonnap1

Director General IUCN Eastern African Region

Achim Steiner Secretary General – UNEP achim.steiner

Paula Kahumbu WildlifeDirect info

End quote