The High Court has issued a temporary suspension on construction activities at the Imenti State Lodge project, following a petition raised over environmental concerns.
In a ruling delivered on Thursday, the court granted conservatory orders in favor of activist Francis Awino and three other petitioners. The order halts all works on the project until a constitutional petition challenging the development is fully heard and determined.
The court noted that construction had already commenced and warned that continuing the project could cause permanent alterations to the site, potentially making restoration impossible if the petition succeeds.
Legal Grounds for Suspension
- The petitioners argued that the development violates constitutional provisions related to environmental rights, public participation, fair administrative action, and public land management.
- Key cited articles include Articles 10, 42, 47, 62, 69, and 70 of the Kenyan Constitution, emphasizing the State's duty to conserve public forests held in trust for current and future generations.
- The court applied the precautionary principle, emphasizing the need to prevent serious or irreversible environmental harm while constitutional questions remain unresolved.
Next Steps
The court allowed the Notices of Motion filed in June 2026, suspending all related government actions on the project until the substantive hearing scheduled for September 28, 2026.
This decision underscores the judiciary’s commitment to upholding constitutional environmental protections and ensuring public participation in developments affecting natural resources.
