The High Court has issued a temporary suspension on the proposed construction of an airstrip, State Lodge, and golf course within the Imenti State Forest in Meru County. This pause will remain in effect until a constitutional petition challenging these developments is fully heard and determined.
The ruling, delivered on Thursday, was motivated by concerns that advancing the projects before the petition’s resolution could cause irreversible environmental damage. The court emphasized that allowing the projects to proceed might render the petition moot if the petitioners ultimately prevail.
Key points from the ruling include:
- The issuance of a conservatory order halting all related project activities pending the legal process.
- The petition was filed by activist Francis Awino and others, contesting the constitutionality of infrastructure plans that affect protected forest land.
- Challenges also target the 2025 amendment to Section 56(2) of the Forest Conservation and Management Act.
- The court underscored the precautionary principle, stressing the need to avoid serious or irreversible environmental harm.
- The projects’ potential to fundamentally alter and possibly damage the forest ecosystem was central to the suspension decision.
- The ruling highlighted constitutional provisions on environmental protection, public participation, and fair administrative action cited by the petitioners.
The petitioners argue that public forests are held in trust for current and future generations, imposing a constitutional duty on the State to safeguard these resources. They reference Articles 10, 42, 47, 62, 69, and 70 of the Constitution in their petition.
The Environment Ministry and Kenya Forest Service have stated that the projects remain at the draft stage and no official implementation directives have been issued. They assured that any future development will comply with environmental and constitutional standards.
The case is scheduled for a substantive hearing on September 28, 2026.
