STATEMENT ON THE HIGH COURT DECISION ALLOWING THE MAU MAU ROAD THROUGH ABERDARE FOREST
20th July 2026
FOR IMMEDIATE RELEASE
The Green Belt Movement expresses its profound disappointment with the recent judgment permitting the construction of the Mau Mau Road through the Aberdare Forest ecosystem. While we respect the authority and independence of the courts, we respectfully disagree with the decision and remain convinced that it falls short of the constitutional duty to protect Kenya’s irreplaceable natural heritage. The framing of this matter as a choice between conservation and development is fundamentally flawed. Conservation and development have never been mutually exclusive. Kenya’s Constitution recognizes sustainable development as a principle that requires economic progress to be pursued alongside the protection of the environment for present and future generations. Development that permanently degrades critical ecosystems cannot be described as sustainable.
The Aberdare ecosystem is one of Kenya’s most important water towers. It provides water to millions of Kenyans, supports agriculture, generates hydroelectric power, sustains biodiversity, regulates climate, and underpins livelihoods across the country. Once these ecological functions are compromised, the economic and social costs are borne by generations to come. The Green Belt Movement has consistently maintained that Kenya’s infrastructure needs can and should be met without sacrificing protected forests and national parks. Throughout our history, we have supported development that is environmentally responsible, legally compliant and based on genuine consideration of less destructive alternatives. The question has never been whether Kenya should develop. The question has always been whether development should come at the irreversible expense of nationally protected ecosystems.
This judgment also raises a deeper concern regarding the direction of environmental jurisprudence in Kenya. We are witnessing an emerging and troubling pattern in which conservation voices appear increasingly unable to secure meaningful consideration before the Environment and Land Court. In recent years, public interest litigation seeking to protect forests, water towers and other ecologically sensitive areas has faced significant judicial hurdles, even where serious constitutional, environmental and procedural questions have been raised. This trend risks weakening public confidence in environmental justice and undermining Article 42 of the Constitution, which guarantees every person the right to a clean and healthy environment.
Environmental litigation exists not to obstruct development but to ensure that development complies with the Constitution, respects scientific evidence and safeguards the public interest. Conservationists approach the courts because the law provides a legitimate avenue for protecting resources that belong to all Kenyans, including generations yet unborn. Where these concerns are not given adequate weight, the constitutional promise of environmental protection becomes increasingly difficult to realise. The Green Belt Movement remains steadfast in its commitment to defending Kenya’s forests, water towers and biodiversity through lawful and peaceful means.
We will continue to engage the courts, policymakers, communities and development partners to ensure that conservation remains central to Kenya’s development agenda.
As Professor Wangari Maathai reminded us, the environment is not an inheritance from our ancestors but a trust held for future generations. We therefore reaffirm our conviction that true development strengthens nature rather than diminishes it. We call upon all state agencies implementing this project to ensure strict compliance with every environmental safeguard ordered by the Court and to remain fully accountable to the people of Kenya throughout the life of the project. We also call upon all Kenyans to remain vigilant in defending the country’s natural heritage, for once a forest is lost, no court can restore the centuries it took nature to create it.
Issued by: The Green Belt Movement
Nairobi, Kenya
communication@greenbeltmovement.org | www.greenbeltmovement.org
