Dear friends,  

Today, we must ask ourselves how states should balance competing obligations such as economic development and sustainable development.

The Kenyan government has committed, through the Kenya Wildlife Service (KWS), to clear, for development, 76 acres (31 hectares) of land—roughly the size of 58 FIFA-regulation football stadiums. The Star reports that this is to support the expansion of the Bomas of Kenya to house a huge parking lot for 1300 vehicles, which will boost tourism by billions.

This plan has been met with backlash from many activists, such as the Friends of Nairobi National Park (FoNNaP), who argue that this move would cause irreversible damage to the Nairobi National Park and that the planned development of a parking lot can proceed without affecting the forest. This impasse places the government at a crossroads. Regionally, Kenya is committed under Article 5(3) of the East African Community Treaty to promoting the sustainable use of natural resources and protecting the environment. At the same time, it has a duty to ensure economic development for its citizens.

The real challenge for Kenya is not choosing between economic development and environmental conservation, but finding ways to achieve both. Governments have a duty to grow their economies and create opportunities for citizens, yet they are equally bound by constitutional, regional and international obligations to protect the environment for future generations. The question, therefore, is not whether development should happen, but how it should happen.

The East African Court of Justice offered useful guidance when it permanently halted Tanzania’s proposed 53-kilometre bitumen road through the Serengeti. The Court recognised that while states have a legitimate interest in pursuing economic development, such development cannot come at the irreversible expense of natural ecosystems. Rather than viewing environmental protection as an obstacle to growth, the judgment encourages governments to pursue development models that minimise long-term harm.

There are practical examples of this approach. Faced with land constraints, Ethiopia invested in smart parking systems capable of accommodating up to 90 vehicles in the space traditionally occupied by just nine. The lesson for Kenya is not to replicate a particular solution, but to embrace innovation before sacrificing irreplaceable public resources. Development should not be measured solely by immediate economic returns, but by whether it leaves future generations better off than those of today.

Here at the Academy, we recognise that the rule of law rarely presents easy answers. It often requires navigating difficult trade-offs between competing public interests. As Kenya charts its development path, perhaps the most important questions for policymakers are not what must be built, but whether it can be built differently, and whether today’s economic gains justify tomorrow’s irreversible costs.