WRITTEN SUBMISSIONS ON THE ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA) STUDY REPORT FOR THE PROPOSED NAIROBI EXPRESSWAY PROJECT

Natural Justice submitted written comments to the National Environmental Management Authority (NEMA) challenging the Environmental and Social Impact Assessment (ESIA) for the proposed Nairobi Expressway Project. The organization argues that the ESIA is fundamentally flawed due to the absence of a Strategic Environmental Assessment (SEA), inadequate baseline data, a lack of alternatives analysis, and insufficient public participation, concluding that the report cannot serve as a reasonable basis for issuing an EIA Licence.

• The project lacks a Strategic Environmental Assessment (SEA), which is required by Sessional Paper No. 10 of 2014 and Regulation 42 of the Environmental (Impact Assessment and Audit) Regulations, 2003 to ensure projects are environmentally friendly and cost-effective.
• The ESIA Report fails to include mandatory procedural documents, specifically the Terms of Reference and the Scoping Report, despite claims that they were included.
• The report does not provide an adequate analysis of alternatives to the expressway, such as Bus Rapid Transit (BRT) networks, commuter rail, or non-motorised transport infrastructure, which are listed in Nairobi City County’s Integrated Development Plan.
• There is a total absence of cumulative impact assessments regarding how the expressway interacts with other planned infrastructure in Nairobi City and Machakos Counties, particularly concerning greenhouse gas emissions and air quality.
• The ESIA lacks a required economic analysis, omitting justifications for toll rates (proposed at KSHs. 11.24/pcu/Km) and failing to disclose the full terms of the contract with China Road and Bridge Corporation, including a non-competition clause.
• Baseline environmental data is severely deficient; the report admits that baseline surveys for air quality and noise were not conducted and will only be done during the detailed design phase.
• The ESIA contains contradictory information regarding the impact on Uhuru Park; while some sections claim the park would not be affected, other tables describe a "significant threat" of habitat modification in the area.
• The ESIA does not include a legally required Environmental and Social Management and Monitoring Plan (EMP), leaving NEMA without a basis to assess the cost, timeframe, or responsibility for mitigation measures.
• The project is in violation of the Climate Change Act, 2016, as it lacks a climate risk and vulnerability assessment and fails to reference the National Climate Change Action Plan, 2018 – 2022.
• Public participation was inadequate and non-compliant with Regulation 17(2) of the EIA Regulations, specifically failing to publicize the project via radio in both official and local languages.

APA

Natural Justice (n.d.). WRITTEN SUBMISSIONS ON THE ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA) STUDY REPORT FOR THE PROPOSED NAIROBI EXPRESSWAY PROJECT. https://naturaljustice.org/wp-content/uploads/2021/01/NJ-Written-Comments-on-the-Nairobi-Expressway-Final-9.4.2020.pdf

Chicago

Natural Justice. WRITTEN SUBMISSIONS ON THE ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA) STUDY REPORT FOR THE PROPOSED NAIROBI EXPRESSWAY PROJECT. n.d. https://naturaljustice.org/wp-content/uploads/2021/01/NJ-Written-Comments-on-the-Nairobi-Expressway-Final-9.4.2020.pdf.

Wikipedia

{{cite report |author=Natural Justice |title=WRITTEN SUBMISSIONS ON THE ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA) STUDY REPORT FOR THE PROPOSED NAIROBI EXPRESSWAY PROJECT |url=https://naturaljustice.org/wp-content/uploads/2021/01/NJ-Written-Comments-on-the-Nairobi-Expressway-Final-9.4.2020.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{naturaljusticendwritten, author = {{Natural Justice}}, title = {{WRITTEN SUBMISSIONS ON THE ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA) STUDY REPORT FOR THE PROPOSED NAIROBI EXPRESSWAY PROJECT}}, institution = {Natural Justice}, url = {https://naturaljustice.org/wp-content/uploads/2021/01/NJ-Written-Comments-on-the-Nairobi-Expressway-Final-9.4.2020.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }