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Tribunal temporarily halts SGR construction across Nairobi park

Monday September 19 2016

Kenya's National Environmental Tribunal (NET) has temporarily stopped the construction of phase 2A of the Standard Gauge Railway which is supposed to pass through the Nairobi National Park as it connects the capital to Naivasha.

The NET on Monday issued the order following an appeal by activist Okiya Omtatah against the Kenya Wildlife Service (KWS) and the Ministry of Environment and Natural Resources which last week approved the second phase of the SGR project.

The Transport ministry, China Road and Bridge Corporation (CRBC), Kenya Railways Corporation, the National Land Commission, National Environment Management Authority (Nema) and Attorney-General Githu Muigai have also been enjoined in the NET appeal.

Mr Omtatah in his appeal has faulted Nema for keeping mum on the decision to have the SGR pass through the Nairobi National Park, allegedly without carrying out environment impact assessments (EIAs) or approval from Nema.

“Take further notice that section 129 (4) of the Environment Management and Co-ordination Act 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,” the order from the NET reads.

“The purpose of this letter therefore is to direct that all activities relating to the appeal must be stopped until the appeal is heard and determined by the Tribunal,” reads a letter copied by the NET to CRBC.

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Mr Omtatah has been joined in the petition by Kenya Coalition for Wildlife Conservation and Management.

The NET has given all the respondents 21 days to respond to the appeal, after which a hearing date will be set.

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