Legal Challenges of Infrastructural Developments on Green Spaces in Kenya: Case of the Nairobi Expressway

Abstract

This study was based on the recognition of the significant challenges posed by the growing number, size, and rate of urbanization and the consequences of infrastructural developments on open green spaces within urban cities. The overall objective of the study was therefore to determine the impact of infrastructural developments on green spaces in Nairobi city. This was examined by singling out the recently constructed Nairobi expressway as the focus of the study. The specific objectives of the study were to: determine stakeholder perceptions on the impacts of infrastructure developments on green spaces; to appraise the extent of the existing legal and institutional framework in safeguarding urban green spaces; and to determine the options for securing green spaces in the face of infrastructure development. Based on the social ecological systems theory which explains the need for key stakeholders in an ecosystem, and how their interactions and cooperation devote to ecosystem conservation, the study sampled views from a total of 92 visitors and traders who utilize Uhuru park for business and recreation purposes and ten key informants from the National Management Environmental Authority, The Nairobi County government, the Green Belt movement, The Kenya National Highways Authority and an Environmental lawyer on their views regarding the impact of the Nairobi express way construction on green spaces. Additionally, a critical analysis on existing literature on conservation of green space and key legislative frameworks on environmental conservation was done. From the study it was established that, the operational phase of the Nairobi expressway has had an impact on Uhuru Park. Significant observable impacts included destruction of vegetation and tree cover along the marked areas and an increase threat of physical encroachment to the green spaces. Additionally, findings showed that there exist legal and institutional frameworks that serve to protect the environment but lack particularity as they are spread out over many legislations. These laws are spread over numerous pieces of legislation but are hardly followed nor applied to secure green spaces. Finally, it was established that there is limited public stakeholder knowledge on existing legal frameworks on environmental conservation and limited public participation on environmental conservation matters. The study hence recommends more amendments to existing legal and institutional frameworks and the gazettement of green spaces to protect them from future threats. Other recommendations include more public education on importance of environmental activism on conservation and increased funding toward environmental conservation.