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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
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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
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