STOP CONSTRUCTION AND OBEY COURT ORDERS DEMANDS EAWLS OF SGR PROMOTERS
(Posted 15th September 2017)
The East African Wild Life Society (EAWLS) expressed growing concern and over the continuation of activities related to Standard Gauge Railway Phase 2A inside the Nairobi National Park.
EAWLS has learnt that the Kenya Railways Corporation (KRC) and China Roads & Bridge Corporation (CRBC) continues with SGR related activities despite the stop order issued by the National Environment Tribunal (NET) on 5th April 2017. The stop order was issued to Kenya Railways Corporation after an appeal by the Civil Society against NEMA’s decision to grant an Environmental Impact Assessment (EIA) License for the construction of Phase 2 A of the SGR.
The Stop Order directed that ‘all activities relating to the appeal in question MUST be stopped until the appeal is heard and determined by the Tribunal’. KWS, China Road & Bridge Corporation, the Attorney General and the Principal Secretaries in the Transport and Environment Ministries were copied in that letter. EAWLS said they are dismayed, perturbed and shocked to learn that KWS despite being aware of the stop order, has gone ahead to grant KR and CRBC formal access to the Nairobi National Park. This is in direct violation of the Stop Work Order Injunction which is still inforce to date and yet another nail in the coffin of KWS Chair Richard Leakey who stands accused of having turned KWS into his personal fiefdom, exploiting a growing vacuum of political oversight.
Indeed it is in contravention of section 129 (4) of the Environmental Management and Coordination Act (EMCA) which states that ‘upon any appeal to the tribunal under this section, the status quo of any matter or activity, which is the subject of the appeal, shall be maintained until the appeal is determined’.
EAWLS has now strongly demanded for the due process of the law to be followed on all matters that relates to natural resources and environment and therefore takes this matter seriously. In this regards, EAWLS re-emphasized the need for Kenya Railways to comply with the STOP ORDERS issued by NET and respect the rule of law and subsequently stop any activities related to the SGR Phase 2A with immediate effect.
Other sources asked to comment said on condition of anonymity that there is growing pressure to take the involved individuals and their organizations to court to press for contempt of court charges and if possible even criminal charges, should SGR activities in the park not stop immediate.
