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By Kituo Cha Sheria

10th Anniversary of Garissa Attack Commemorated with Prayer, Memorial, and Justice Milestone

Parents, survivors and KITUO team pose for a group photo during the 10th anniversary of Garissa University terrorist attack || Photo by Rony Alal

Today, at the Kituo Cha Sheria Grounds, parents and survivors of the 2015 Garissa University terrorist attack gathered for a solemn memorial and prayer service. The event, organized by Kituo Cha Sheria, aimed to honor the memory and justice of the 147 innocent lives lost and reflect on the progress made in the fight against terrorism in Kenya.

Marking a decade since the tragic assault that also left 79 people injured, the ceremony served as both a remembrance and a testament to the resilience of those affected. Attendees, many still carrying emotional and physical scars, lit candles, shared testimonies, and offered prayers in tribute to their loved ones.

Families, survivors, and KITUO’ advocates kneel in prayer and remembrance during the 10th anniversary memorial of the Garissa University attack at Kituo Cha Sheria Grounds || Photo by Rony Alal

This year’s commemoration held particular significance following a landmark legal ruling in favor of the victims and their families. Petition No. 104 of 2019, the lead case in the pursuit of justice for the attack, saw a three-judge bench—Justices A.K. Ndung’u, M. Thande, and D. Kemei—deliver a historic verdict on July 31, 2024. The court held the respondents jointly and severally liable, a milestone in the push for accountability and justice.

Speaking at the event, Lead Councel Dr. John Khaminwa, underscored the importance of the ruling, noting that it set a precedent for future cases on state accountability in matters of national security. He urged the government to conduct a thorough investigation into the attack and uncover the truth to prevent a similar tragedy in the future. He also proposed the construction of a monument at Garissa University bearing the names of all victims to honor and remember them. Additionally, he suggested the declaration of an Anti-Terrorism Day as a public holiday to serve as a reminder that young lives should not be lost in such a manner.

Lead Councel Dr. John Khaminwa giving his remarks during the memorial service || photo by Rony Alal

The Kituo team, led by Executive Director Dr.Wambua Kituku  and Councel John Mwariri, reaffirmed their commitment to seeking justice for the vulnerable. Dr. Kituku emphasized the importance of trusting the legal system to deliver justice and called on the government to enact policies that protect and support victims. Mr. Mwariri assured those affected that while compensation had taken time, Kituo would continue to follow up until justice is served.

Board member Mr. Mosongo Maosa reminded legal professionals of their duty to prioritize service over financial gain and urged for enhanced counseling and civic education to empower communities.

Kituo cha sheria Executive Director Dr.Wambua Kituku giving his remarks during the memorial service || photo by Rony Alal

Survivors and families expressed gratitude to Kituo for its legal support and urged the government to expedite compensation payments.

As the service concluded, a unified message emerged: while the pain of loss remains, the fight for justice and a safer Kenya continues. The families of Garissa University attack victims have not only kept the memories of their loved ones alive but have also contributed to a broader conversation on security, justice, and national unity.

 

 

Story by Rony Alal

Uncategorized
By Kituo Cha Sheria

Kituo cha Sheria Welcomes Dr. Wambua Kituku as New Executive Director, Ushering in a New Era of Justice and Leadership

Dr. Wambua Kituku (right) is warmly welcomed by KITUO Chairman BOD, Mr. Justus Munyithya (left) at Kituo cha Sheria’s headquarters || photo by Rony Alal

Kituo cha Sheria is proud to announce the appointment of Dr. Wambua Kituku as its new Executive Director. Dr. Kituku, an esteemed Advocate of the High Court of Kenya, distinguished scholar, and programme management expert, officially assumed office during a warm welcome and handover ceremony held at Kituo’s headquarters.

With over two decades of experience in democratic governance, human rights, and humanitarian work, Dr. Kituku brings a wealth of expertise in environmental law, climate change, strategic planning, and policy advisory. His leadership is expected to play a pivotal role in advancing access to justice and driving social transformation.
KITUO team led by chair, BOD Mr. Justus Munyithya pose for a group photo as they welcome the new ED Dr. Wambua Kituku || photo by Rony Alal

The event commenced with a reception for Dr. Kituku, who was welcomed by Kituo staff and board members led by the Board Chairman, Mr. Julius Munyithya. The atmosphere was one of enthusiasm and optimism as the team embraced their new leader with open arms.

Following the formal introductions, Mr. Munyithya and the outgoing Acting Executive Director, Mr. John Mwariri, led Dr. Kituku on a tour of Kituo cha Sheria’s offices. During the tour, Dr. Kituku was introduced to various staff members across departments, gaining first-hand insight into the critical work being carried out to promote access to justice. The staff enthusiastically welcomed him, sharing their roles and experiences, which provided a deeper understanding of the organization’s impact.
Dr. Wambua Kituku (left) is warmly welcomed by outgoing Acting Executive Director Mr. John Mwariri (right) during the official handover ceremony at Kituo cha Sheria’s headquarters.|| photo by Rony Alal

The board thanked Mr. Mwariri for his dedication and leadership during his tenure as Acting Executive Director and acknowledged his contributions to the organization. Mr. Mwariri has now resumed his position as the Coordinator of the Legal Aid and Education Programme.

Story by Rony Alal
Uncategorized
By Kituo Cha Sheria

Kituo cha Sheria Launches Groundbreaking Three-Year Study on Transformative Impact of Legal Empowerment in Kenya

Chief Justice Emeritus Hon. David Maraga, Mr. Justus Munyithya, KITUO Chair BOD, Stakeholders and partners proudly display the newly launched report

We are thrilled to unveil the findings of our three-year research study, Evaluating the Impact of Legal Empowerment Programmes on Access to Justice for the Poor and Marginalized in Kenya.

The launch event was graced by Chief Justice Emeritus David Maraga, who commended Kituo cha Sheria for its steadfast commitment to advancing legal empowerment. In his keynote address, Justice Maraga emphasized,

“The research report is more than just a publication; it is a powerful testament to the resilience of countless individuals who struggle daily to access justice. It reflects the tireless work of legal empowerment practitioners dedicated to bridging the justice gap and ensuring that no one is left behind. More importantly, it is a call to action for all who believe that justice should not be a privilege for the few, but a right accessible to all.” Chief Justice Emeritus David Maraga

Chief Justice Emeritus Hon. David Maraga, delivers keynote remarks at the launch event in Jacaranda Hotel, Nairobi

He further underscored the urgent need to strengthen legal and policy frameworks, stressing that full implementation of the Legal Aid Act and formal recognition of community-based justice mechanisms are critical to making justice accessible for all.

Speaking at the event, Mr. John Mwariri, Acting Executive Director of Kituo cha Sheria, expressed optimism about the future of legal empowerment:

“We are hopeful that the findings of this study will help shape sustainable and effective legal empowerment strategies to break systemic barriers and build a more inclusive, just society in Kenya and beyond.” Mr. John Mwariri, Ag Executive Director of Kituo cha Sheria

Chief Justice Emeritus Hon. David Maraga, unveiling of the study report at the launch event

The study highlights the effectiveness of legal empowerment programs in increasing access to justice, particularly among marginalized communities. It outlines the critical role of paralegals as first responders who bridge the gap between communities and formal justice institutions. Furthermore, mechanisms such as Alternative Dispute Resolution (ADR) and community justice centers have proven invaluable in resolving disputes, especially in rural and underserved areas.

Mr. Justus Munyithya, Chair of the Board of Directors at Kituo cha Sheria, also noted during his remarks,

“The research highlights how participatory action can enhance access to justice through community-driven solutions, showcasing innovative advocacy by empowered communities.” Mr. Justus Munyithya

Mr. Justus Munyithya, KITUO Chair BOD, and Chief Justice Emeritus Hon. David Maraga engages the media during the launch of the study report

The report also showcases the transformative impact of Kituo cha Sheria’s legal aid programs—not only in empowering individuals and strengthening the rule of law but also in advancing public interest litigation (PIL) to hold institutions and authorities accountable.

This groundbreaking study was commissioned by Kituo cha Sheria in partnership with the African Centre of Excellence for Access to Justice and the Grassroots Justice Network, with generous support from the International Development Research Centre (IDRC / CRDI).

Written By: Rony Alal

Uncategorized
By Kituo Cha Sheria

LAUNCH OF THE LEGAL EMPOWERMENT JOURNAL Volume 1 Issue 1 of 2024

On December 10, 2024, the Kenya School of Law in Karen, Nairobi, hosted the much-anticipated launch of the inaugural edition of the Legal Empowerment Journal (LEJ), themed “Legal Empowerment: Linking Theory to Practice.” This landmark publication brings together diverse perspectives from authors worldwide, showcasing innovative strategies for advancing legal empowerment.

 

Supported by the International Development Research Centre (IDRC), the event attracted legal practitioners, scholars, and policymakers, offering a platform to reflect on the critical role of legal empowerment in bridging the gap between theoretical frameworks and practical solutions.

The keynote address, delivered by Professor Kivutha Kibwana, highlighted the transformative potential of community-driven legal initiatives and set the tone for an inspiring evening of dialogue and collaboration. The journal amplifies the voices of authors dedicated to empowering marginalized communities, emphasizing the importance of inclusive and participatory legal systems.

 

The launch marked a significant milestone in fostering dialogue and partnerships among stakeholders committed to advancing access to justice and community empowerment.

Uncategorized
By Kituo Cha Sheria

Kenya’s Kituo Cha Sheria and Rwanda’s Legal Aid Forum launch a Research Report in Kigali, on the Impact of Digitization of Justice following the Covid-19 Pandemic

The Study report, titled “A Comparative Study on Digitization of Justice following COVID-19 in Kenya and Rwanda,” was launched on December 5, 2024 in M-Hotel Kigali, Rwanda by Rwanda’s Legal Aid Forum (LAF) in collaboration with Kenya’s Kituo Cha Sheria. This was a culmination of a comparative qualitative research on Digitization of Justice during post COVID in Kenya and Rwanda supported by the International Development Research Centre(IDRC).

The objective of the launch was to bring all the stakeholders in the research process to showcase and celebrate the achievements made. This also provided a good forum for the dissemination of all the research outputs. Given that the attendants came from far and wide it was an opportunity to share the hard copies which would reach in places where the populations are not accustomed to soft copies.

The event was attended by representatives from government institutions, civil society organizations, lawyers, development partners, the solicitor general from Rwanda Judiciary, High court Judges from both countries, LAF Director, Chairman of Africa Center of Excellence (ACE) and Researchers from Kituo cha Sheria and LAF.

The event showcased the success of the three-year research project and the launch goes a long way in validating the findings. Other research outputs like the policy brief would be handy in adopting policies for the pertinent sector and players in the justice space. The ceremony was also an invitation to dialogue, collaboration, and collective action. By exchanging insights, strategies, and experiences, there is a reinforced mission to build inclusive, responsive, and resilient justice systems using technological advancements to empower, promote equity, and deliver justice for all.

Advocacy & System Change, Community Paralegals
By Kituo Cha Sheria

Challenges and Opportunities for Community based Paralegals in Kenya and Zambia- Intercontinental Hotel-Lusaka

Group Photo of the participants

The Launch of this report marks the culmination of a dedicated three-year journey by Kituo Cha Sheria, in partnership with the Paralegal Alliance Network, African Centre of Excellence for Access to Justice (ACE-AJ), Grassroots Justice Network, and with generous support from the International Development Research Centre (IDRC).

Bringing together representative Ministry of Justice, Civil societies in Zambia, community based paralegals and representative from Grass root justice network, the participants dissected the issues and the opportunities that emerged from seeking to understand formalization of the paralegals’ service in Kenya and Zambia.

It was clear that the collaboration between Paralegal Alliance network, the legal aid board Zambia, the ministry of justice and the community paralegals plays a vital role in promoting state recognition and regulation of the service at the aim of enhanced access to justice for all. The vulnerability of the community compositing of the indigent community from the research showed confidence of accessibility to legal information through the community paralegals.

The most impactful role community paralegals play in the community is advocacy and legal advice to the community. The African Centre of Excellence on access to justice unites the countries in the African continent where the Centre works with grass root justice organization seeks to bridge the gap between formal justice and the informal justice. It seeks to promote access to justice and the rule of law by uniting civil societies in Africa. The report demonstrates how community paralegals how paralegals have played a role in fighting gender based violence and other justice issues in the community.

Blog post
By Kituo Cha Sheria

Department of Refugee services obligations and responsibilities regarding Refugee right to family unity

Legal Right, Humanitarian Principle, and Key to Durable Solutions

The right to family unity is inherent. This right applies to all human beings, regardless of their status. Few human rights instruments, however, are explicit about how and where this right is to be effected in relation to families that have been separated across international borders.

For refugees and those who seek to protect them, the right to family unity implies a right to family reunification in a country of asylum, because refugees cannot safely return to their countries of origin in order to enjoy the right to family life there (Refugee Protection in International Law UNHCR’s Global Consultations on International Protection, pp. 555 – 603)

The integrity of the refugee family is both a legal right and a humanitarian principle; it is also an essential framework of protection and a key to the success of durable solutions for refugees that can restore to them something approximating a normal life.

Respect for the right to family unity requires not only that States refrain from action which would result in family separations, but also that they take measures to maintain the unity of the refugee family and reunite family members who have been separated, especially where the refugee family has no realistic possibilities for enjoying that right elsewhere. ( UNHCR, Summary Conclusions, Family Unity, above fn. 5, para. 5)

The separation of families when people flee persecution and conflict can have devastating

consequences to their wellbeing and ability to rebuild their lives. At the moment of flight, families are forced to leave without knowing if their families are safe. Once in safety, refugees are

often unaware of the whereabouts of their family. (See generally, UN High Commissioner for Refugees (UNHCR), Refugee Family Reunification. UNHCR’s Response to the European Commission Green Paper on the Right to Family Reunification of Third Country Nationals Living in the European Union (Directive 2003/86/EC), February 2012, available at: http://www.refworld.org/docid/4f55e1cf2.html, p. 3)

The Problem of Geographic Separation within Kenya

The Department of Refugee Services (DRS) plays a central role in ensuring refugees family unity. However, current practices during admission, status determination, and designation of residence leads to family separation. For instance, assigning residence to some family members in Nairobi while placing others in Kakuma or Kalobeyei undermines their right to family unity. The Department of Refugee Services should take proactive steps to ensure family unity is a key principle consideration when placing refugees in designated areas.

Protection of the right to refugee family environment requires that the states (department of refugee services) not only refrain from actions which could result in family separation or other arbitrary interference in the right to family life, but also take positive measures to maintain the family unit, including the reunion of separated family members.(CMW and CRC Committees, Joint General Comment on the general principles regarding the human rights of children in the context of international migration, above fn. 24, para. 27.)

Jurisprudence

In Marckx v. Belgium, it has ruled that “ensuring respect for family life is an obligation for the State to act in a manner calculated to allow these ties to develop normally” and “to allow those concerned to lead a normal family life.( Marckx v. Belgium, Application No. 6833/74, ECtHR, 13 June 1979, available at: http://www.refworld.org/docid/3ae6b7014.html, paras. 45 and 31.) this principle that the State may be required affirmatively to promote family life has been repeated in the case, Gül v. Switzerland.

Rayment and Others v Minister of Home Affairs and Others; Anderson and Others v Minister of Home Affairs and Others (CCT 176/22) [2023] ZACC 40 (4 December 2023) where the issues to the Right to dignity and family life was raised and determined.

Blog post
By Kituo Cha Sheria

LEGAL PATHWAYS TO REFUGEES INTEGRATED SETTLEMENTS: HOUSING, LAND AND PROPERTY RIGHTS.

Introduction

Housing, land and property are rights guaranteed under Article 13 and 21 of the convention on the status of Refugees 1951. Refugee in Kenya face barriers in leasing land and houses much alone own one. As results refugee often end up in substandard housing, residing in informal settlement with insecure rights which negatively affects their health, access to education and economic status.

The Shirika Plan: A Bold Vision for Integrated Settlements

 The government of Kenya’s’ bold, Socioeconomic Hubs for Integrated Refugee Inclusion in Kenya- Shirika Plan envisions in its core pillars, “transforming the refugee camps into integrated settlements supporting the socioeconomic inclusion of refugees and hosting communities in Garissa, Turkana, and urban areas.

The four Core pillars of the Shirika Plan are;

 (i) Ease the pressure on refugee-hosting communities in Garissa, Turkana, and urban areas by mobilizing additional financial, technical, and material support in the spirit of responsibility sharing;

 (ii) Facilitate the transition from refugee camps set up to integrated human settlements and robust economic hubs;

(iii) Enhance refugee and host community socio-economic inclusion for enhanced self-reliance and resilience;

(iv) Facilitate the transition of refugee basic service delivery from humanitarian-led approach to government systems.

I will delve into the second pillar, “transition from refugee camps set up to integrated human settlements.”

Legal Framework for Land Rights in Integrated Settlements especially the Community land.

Chapter 5 of the constitution Of Kenya, mandates that land be held, used and managed in an equitable, efficient, productive and sustainable manner.

 Land in Kenya is held in three tenure regimes public, community and private. (Article 63 COK)

Community land tenure, is the common land tenure held in Turkana and Garissa hence it will be the base of our discussion with regards to the Kenyan law response to the “Refugee Integrated settlement” vision.

 Community land is vested in communities identified based on ethnicity, culture or similar community of interest. The County government holds unregistered land in trust for the communities for which it is held.

 The Constitution expressly dictates who and/or what constitutes a community for the purposes of landholding. The Community Land Act, however regulates the designation of various land use rights on community land of interest, more specifically, Section 29(b) and (g), provides the use of the land as settlement areas; and any other purpose as may be determined by the community, county government or national government for the promotion of public interest respectively.

 It would be important to note that sometimes there is conflict between the government and communities, on what a particular piece of land has been set apart for by the government and what the locals believe their ancestors or their culture stipulates, which conflict is to be anticipated in this engagement.

With the passing of the Refugee Act, 2021, (Section 28 (4), which gives refugees the chance to be gainfully employed and take part in Kenya’s economic and social development, will result in a noticeable and welcome improvement to Kenya’s response to refugees by working toward a whole-of-government approach to unlocking the potential for refugees in the country to significantly boost Kenya’s economy, where renting and leasing property will contribute to the Shirika vision.

Key Considerations for Implementing Integrated Settlements.

In conclusion, the responses that the author foresees in the implementation of the bold “Refugee integrated settlement is;

First, community land must be used for the benefit of the community, in compliance with the law and the rules and regulations established by the community. However, community land may be used by the county government or the national government for the promotion of public interest. (CLA Section 29 (g))

The Constitution on matters of compulsory acquisition, (COK, Article 40, Land Act, CLA section 6) stipulates that occupant of a piece of land and registered owners are to be paid compensation when land is taken for public purposes. Compensation will be held by the county government and released to the community as soon as the property is registered.

Second, On leases, it good to note that a registered community, with the approval of the members of the said community, may cancel a leasehold if the lessee fails to comply with the requirements or adhere to any restrictions imposed by or under any law pertaining to the utilization of the land to which the right relates or the rules and regulations of the community. (CLA, Section 33)

Third, the adoption of the social Tenure Domain Model

Kituo Cha Sheria and NRC– ICLA have taken the mantle to educate the refugees and the host communities in Kakuma and Daadab on Housing, land and property rights by providing, information, counseling and legal assistance.

By Rachael Wahome - Legal-KCS-FMP

 

News & Blogs, Uncategorized
By Kituo Cha Sheria

Understanding how Small Claims Courts work and what they do

On 21st May 2021, Chief Justice Martha Koome took the oath of office as Kenya`s 15th Chief Justice. After 100 days in office, she shared her vision for a Judiciary that is independent, efficient, accessible, responsive to the aspirations of Kenyans and a true guardian of the rule of law. Her vision to the judiciary is anchored on the Mantra of “Social Transformation through Access to Justice (STAJ)”. The vision seeks to widen the doors of justice to all Kenyans and all vulnerable groups.

The introduction of the Small Claims Act 2016 which was later amended by the Small Claims Court (Amendment) Act, 2020, through gazette notice No. 3791 of 2021 led to the establishment of Small Claims Courts, which are lower-level judicial bodies designed to facilitate the speedy resolution of small financial disputes through cost-effective channels while still adhering to the principles of legal fairness and natural justice. The Small Claims Court seeks to enhance access to justice for the poor and marginalized persons in Kenya. The courts are designed to ensure simplicity of procedure, speedy resolution of cases, accessibility and services offered at low cost. It is established to respond to challenges in administration of justice faced by the poor and the marginalized in society.

In a gazette notice dated December 10 of 2021, Chief Justice Martha Koome established Small Claims Courts in Eldoret, Kajiado, Kakamega, Kisumu, Machakos, Meru, Mombasa, Naivasha, Nakuru, Nyeri. According to the Judiciary, as at May 2023, the court had processed 27,000 cases unlocking Kenya Shillings 4.6 billion. It is equally noted that the court has been working on an average of 53 days per case. As at now, in the Coastal region, the courts are in Mombasa and Malindi.

Nature of Claims and Pecuniary Jurisdiction

The Small Claims Court has jurisdiction to determine civil claims related to contracts for the sale and supply of goods or services, money held and received, liability in tort, compensation for personal injuries, and set-off and counterclaim under any contract. The pecuniary jurisdiction is limited to one million shillings, and the Chief Justice may determine other pecuniary jurisdictions.

Exclusion of Jurisdiction

The Court has exclusive jurisdiction over claims once lodged, and proceedings cannot be brought before any other court unless specific conditions are met. Certain types of claims such as: defamation, libel, slander, malicious prosecution, disputes over land titles, and employment and labor relations, cannot be brought before the Small Claims Court.

Procedural Rules and Parties

The Court has control over its procedure, considering the principles of natural justice. Alternative dispute resolution mechanisms may be adopted. Parties can lodge claims if they reside or carry on business within the jurisdiction, and the subject matter, contract, cause of action, or defendant is within the jurisdiction.

Representative Claims

Multiple persons can have claims against the same respondent, which may be brought in the name of one person as a representative. The representative is authorized to act on behalf of others, and the Court can order separate hearings if needed.

Procedure Before the Court

The Court has flexibility in its procedures and may adopt alternative dispute resolution mechanisms. It has the power to summon witnesses, make inquiries, and may allow electronic filing. The Court may facilitate the use of various languages and communication formats accessible to persons with disabilities.

Execution of the Decree

The Court can issue various orders, including orders to pay money, restitution of movable property, and recovery of sums related to a contract. The execution process involves attaching movable or immovable property, attaching salary, or suspending execution under certain conditions.

Appeal to the High Court

To initiate an appeal, it is imperative to file a comprehensive memorandum of appeal that distinctly outlines the dissatisfaction with the preceding outcomes. This memorandum should specifically articulate the legal grounds for dissatisfaction, focusing solely on legal aspects rather than presenting evidence.

The Emphasis should be placed on the interpretation and application of the law rather than introducing new evidence during the appeal process. The High Court, in reviewing the appeal, carefully scrutinizes the jurisdiction exercised by the Small Claims Court and examines if any procedural irregularities or unwarranted processes occurred during the initial proceedings.

The final Appeal is at High Court.

News & Blogs
By Kituo Cha Sheria

IHITHE-NDUNYU NJERU ROAD PROJECT PETITION BECKONING CLIMATE JUSTICE

Scientist and environmentalist have locked horns with the government on the
destruction effect the road will have on the Abadare ecosystem, arguing that
environment effects outweigh all other economic benefits. Conservation Alliance of Kenya CAK has filed a new petition.

The proposed construction of a road cuts through the Abadare National Park to link Nyandarua and Nyeri County. Conservationists have condemned National
Environmental Management Authority NEMA’s action, saying the Agency tasked to protect the environment is putting a fragile ecosystem at risk. Nema had given the government a green light to proceed with the controversial project.

Proponents of this undertaking say the road has full socio economic benefits, they
argue that road would boost tourism and Agriculture. It will also cut the travel time by more than one hour and 30 minutes over the other available alternatives.

Environmental concerns
The road passes through a protected forest area. Conservationist and scientist have expressed fears that this will have an irreparable damage to the ecosystem. The Area comprises of 300 hectares of delicate ecosystems, including moorland, closed canopy forest, a wildlife habitat designated as a national park, wildlife corridors, wetlands, and other important conservation areas. This loss could disrupt wildlife migration leading to a decline in wildlife populations. The serene canopy and the majestic water tower water fall may become a distant memory as the highway cutting through the forest would disrupt all that.

Also there will be a reduction of water flow to the Sasumua and Ndakaini dams, Athi and Tana River, Ewaso Nyiro, Lorian Swamp, River Malewa, and Lake Naivasha. This would negatively impact key economic activities and livelihoods, causing losses in horticulture, hydro-electricity supply, agriculture together with ecotourism.  Increased illegal activities such as wildlife poaching, logging, waste pollution, and wildlife roadkill during and after construction.

The project would attract human settlement and commercial development that would affect the communities and livelihoods using the Abadare as far as Nairobi. This means that destruction to this ecosystem will affect all of us.

The looming climate change is real and with us. lives and livelihoods have been
devastated. it is high time Human rights organization advanced the climate justice
construct in a manner that relates to the populace.

The Constitution of Kenya empowers persons to seek redress when their right to a healthy and clean environment has been violated or infringed. Article (69) (2) imposes obligations on every person, to cooperate with state organs and other persons to protect and conserve the environment and ensure ecologically sustainable development and use of natural resources. The ecological value of the area is bigger than the road.

Alternative way without pain
The economic and land tribunal is seeking to halt the construction of the highway.
Conservation Alliance of Kenya (CAK) wants the tribunal to compel the government to configure an alternative route. The Alliance cited severe environment impact the planned Highway will cause and sought cancellation of the NEMA license.

The conservationist has proposed an alternative route that they say balances both the environment and economic benefit of such a project. The proposed route cuts through small towns and villages. This will benefit the communities to transport their farm produce. Residents living along the proposed route say the road would greatly improve their livelihoods. This they argue is better than the one that passes inside the forest as it will bring conflict between human beings and the animals.

Conclusion
Abadare is one of those systems that is connected, building a road through it will
disconnect that ecosystem. It is a water catchment area for the Sasumua and Ndakaini dams, which provide most of the water to the Capital city. The better option is an alternative route that have better economic returns for these connections for the county of Nyeri, Nyandarua, Nakuru and Laikipia that would be economic viable and would also assist the community.

It is worth noting that while we are investing in road infrastructure we have to make sure that we are maximizing the socio-economic benefit while minimizing the negative impact in particular to the environment. We are responsible for a call to climate justice…lest we forget.

Author: James

James Adala is a researcher and a writer working as programs officer with Kituo

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