7/31/2019 Southern Bypass impact on Nairobi National Park

1/2

Let us state at the outset that we support the development of improved road infrastructure to relieve the

trafc congestion and pressure that Nairobi now faces. But we are greatly concerned that the Southern

Bypass road alignment is not compliant with the processes required by Kenyas laws and by not

following those processes, an alignment concerning 4 kms has emerged that could have been avoided,

without hindrance to the construction of the Southern Bypass.

It is our understanding that the Kenya Cabinet recently approved the excision of 60 acres of the Nairobi National Park

for the alignment of the Nairobi Southern Bypass. But since this involves degazettment of part of a National Park, the

law is clear that only Parliament can take that decision. We believe that it is critical that all parliamentarians who will be

involved in making this decision, should be adequately informed when considering this possible degazettement.

So why are we seriously concerned by the Southern Bypass being routed for a 4 km stretch along the edge of, but still

within Nairobi National Park.

The Southern Bypass is not compliant with Kenyan law:

TheroadSouthernBypassproposaldidfollowtheprocessesrequiredbytheEnvironmentManagementand

CoordinationAct(EMCA)whichledtotheNationalEnvironmentManagementAuthority(NEMA)issuingan

Environmentlicence(18Feb2011).HoweverthelicenceclearlystatesinConstructionCondition2.2thatthe

proponentshouldnotencroachongazettednationalparks(NairobiNationalPark).Yet4kmsoftheroadisaligned

intheparkandthereforeconstitutesabreachofEMCA.

TheEIAsubmittedtoNEMAconcernedaroadby-pass.Theroadhasbeenexpandedintoacorridorwith2railway

lines.Underthesecircumstances,EMCArequiresafreshproposaltobesubmittedtoNEMAwithanewEIA

undertaken.Thishasnotbeendoneandindeedtheredoesnotappeartobeafeasibilitystudyshowingtherailway

linesareevenviable.Theconsequenceofthisisthatthecorridorisnow120metreswide,thusencroachingeven

furtherintotheNationalPark.TherailwaycorridoralsoconstitutesabreachoftheLicense.

The Kenya Constitution has been betrayed

OurrstconcernthereforeisthattheGovernmentisbetrayingtheConstitutionbynotpromotingandprocessingitsplansinthemannerwhichthelawsofKenyademand.Thisconcernwillbemagniedifthecurrentroadalignmentis

continued with, which effectively means a degazettement of part of Nairobi National Park, but Parliaments authority for

such degazettement, as required by law, has not been obtained.

INFORMATION SHEET

7/31/2019 Southern Bypass impact on Nairobi National Park

2/2

Furthermore,wearebeinginformedthatKenyaWildlifeServicewillreceiveKsh1.8billionbywayofcompensation,if

theyagreetothedegazettment.Wendthisunacceptableontwogrounds.TheConstitutiondoesnotgivetheMinistry

ofForestryandWildlife,ortheKWSBoardorKWSthemandatetoenteranynegotiationinregardtothedisposalof

public land. Secondly such money would be better invested in the construction of a Southern Bypass which respects

ratherthanunderminestheintegrityofournationalparks.Thisintegrityiscritical,giventheenormouseconomicvalue

of our wildlife based tourism sector..

Aligning the road inside the Nairobi Park is not based on valid or sound reasoning ThemainjusticationforthecurrentalignmentreportedbytheKenyaUrbanRoadAuthorityisthattheaviation

safetyrequires570metresbetweenthethresholdofrunway14atWilsonairportandtheBypass,forcingtheBypass

toberoutedthroughthePark.However,consultationswiththeKenyaCivilAviationAuthorityrevealsthatthe

regulationsdealingwithaviationsafety,inparticularobstaclerestrictionsurfacepertainingwithatake-offrunway,

suchasrunway14,wouldrequirethatnoobjecthigherthan4metresareplacedinfrontofrunway14alongthe

fencebetweentheairportandtheparkandthisoveralengthofapproximately200metres.TheBypasscould,

therefore,beroutedalongtheboundaryofthepark(outsidethepark)andmeettheaviationsafetyrequirements,

ifthebypassgothroughadipof2to3metresdeepoveralengthofapproximately200metres,i.e.acuttingis

provided.

Weunderstandthattherecentlypositionedoilpipelinerunningundergroundthroughtheparkwouldliedirectly under the road, which, if corect, would render any maintenance and repair to that section of the pipeline

impossible.

Vision2030expectstourismtobethemaindriverofeconomicgrowthandourNationalParksareamainplatform

for this growth. Degazetting will send a very wrong message as well as setting a dangerous precedent for further

degazettments.

NairobiNationalParkisuniqueinbeingtheonlywildlifeparkinacosmopolitancity,whichmakesitveryattractive

totouristsandresidents.Secondlyforsuchasmallparkithasaveryhighbiodiversityvalue.Theparkispartof

Kenyas priceless heritage.

KenyaarguedstronglyagainsttheconstructionofaroadinsideSerengetiNationalParkinTanzania,becauseofthe

impactitwouldontheecosystem,inparticulartheMasaiMarawildebeestmigration.BuildingthisroadinNairobi

NationalParkwouldcontradictandsignicantlyweakenourpositionontheSerengetiissue.

Land has already been excised for the corridor

In1956TheRoyalNationalParksofKenyaagreedtoexcise267acresoflandforamarshallingyardandanother75acre

forabypasslanefromNairobiPark.ThelandgiventotheEastAfricanRailwaysandHarboursshouldhavebeenusedfor

theconstructionoftheSouthernBypassandtransportcorridor.Thislandshouldbeidentiedandreturnedandutilized

for its original purpose.

Our position

The laws of Kenya must be followed to the letter. No degazettement of Nairobi National Park shouldbe considered, until all options have been fully revisited and the law is completely and transparently

complied with. We are willing to work with the relevant Government Agencies in considering such

options in a constructive and proactive manner. The Permanent Secretary of the Ministry of Roads

has indicated that he is also willing to engage in such discussions. We therefore look forward to such

discussions with the PS Roads and his team, together with professional engineers and road contractors

to seek a better route for the much needed Southern Bypass.

Friends of Nairobi National Park (FONNAP)

African Network for Animal Welfare (ANAW)

East African Wild Life Society (EAWLS)

Nairobi Greenline Project

Youth for Conservation

Plus others