Construction of JKIA-Westlands express way faces hurdle
By Nancy Gitonga, January 28, 2020
Nairobi Bunge la Mwananchi on Tuesday petition the High court seeking to stop implementation and construction of the Jomo Kenyatta Airport-Westlands express way for lack of public participation.
The association through its president Henry Shitanda, seeks to stop the construction of the said highway pending the hearing and determination of the case.
“The project as it stands is founded on an illegality and contravenes the fundamental principles and national values of the constitution of Kenya of transparency, openness, involvement of the people and public participation,” says the petition.
In a certificate of urgency filed by Shitanda together Rhoda Aoko, the two further seeks an order to prohibit the Kenya National Highways Authority and the Attorney General from undertaking or implementing the construction of the highway until they conduct public participation.
Further, the two petitioners says that the public should be involved in the said project per the Public Finance Management Act among others.
The two claim that the design negotiations, structures and planning was done in secrecy and in an opaque manner and without the involvement of the members of the public.
Shitanda and Aoko are also seeking an order to compel Kenha and AG to conduct public participation and involve the people on the intended implementation and construction of the express way.
The suit comes after on October 16, 2019, President Uhuru Kenyatta in conjunction with Kenha presided over the launch of the JKIA express highway.
He argues that there was no such notice, publication or dissemination of information relating to the said project was never made to the members of the public and the project as it stands offends the constitutional values and principles of public participation and the involvement of the people in financial matters.
The petitioners says that on November 21, 2019 they wrote to the Kenya National Highways Authority (KeNHA) inquiring about the project and requested them to conduct public participation and involve the people but there was no response given to them by the Authority.