Govt, activist battle over decision to halt SGR

The government has appealed against a tribunal’s decision to halt the Standard Gauge Railway (SGR) project from passing through the Nairobi National Park.

This is even as an activist stepped up his bid to permanently stop the construction.

In a suit filed by the Transport and Environment Cabinet Secretaries as well as the Attorney General against the tribunal, the government has termed the orders barring the second phase of the SGR project from forging ahead as illegal.

Through State lawyer Mwangi Njoroge, the government claims that the orders were issued out of malice since the SGR is a project aimed to achieve Kenya’s vision 2030 as well as aspirations of East Africa Community countries in a bid to ensure regional connectivity.

But Mr Okiya Omtatah, who obtained orders last month at the National Environment Tribunal prohibiting the Railway line construction which is between Nairobi and Naivasha while passing through the park, has still dragged government bodies to court while seeking to permanently stop the project.

In his fresh suit, he has sued the Kenya Wildlife Service, Kenya Railways Corporation, the National Lands Commission alongside environment CS, the AG and the Inspector General of Police.

Mr Omtatah has also listed conservationist Richard Leakey, Mr Tom Lalampaa, Ms Nancy Pete, Mr Brian Heath and Mr Peter Kinyua in the suit while faulting them of intentionally neglecting their duty to protect the Nairobi National Park.

He argues that the failure of the five who are also KWS trustees has forced him to move to court to secure the said park due to their negligence.

He claims that not all stakeholders were consulted and public participation considered at the time the decision to have the SGR pass through the park was made.

He alleged that agreeing to the project has put the Nairobi National Park under a threat of extinction.

According to Mr Omtatah, some of the trustees have a good renowned track record as conservationists yet they have allegedly failed Kenyans in taking an inappropriate decision in supporting the construction through the park.

Mr Omtatah now accuses KWS of failing to engage experts in making the impugned decision.

He wants statements issued on July 31 and August 10 asserting that KWS, NLC and KRC had agreed as well as reached an agreement that SGR would pass through the park to be suspended.

He also wants the decision to have the SGR routed through the said park to be stopped in totality.