The High Court has issued conservatory orders to suspend the Imenti State Lodge project in Meru. This decision follows a constitutional petition filed by activist Francis Awino and three other petitioners challenging the development.
In a ruling delivered on Thursday, the court emphasized that allowing construction to continue before the petition is resolved could cause irreversible environmental damage and potentially render the petition moot if the petitioners prevail.
The judge noted that since the project had already commenced, continuing it might permanently alter the environment, making restoration impossible. The court stressed that denying the suspension would effectively deny the petitioners access to justice.
Applying the precautionary principle, the court held that in cases where serious or irreversible environmental harm is possible, it is imperative to preserve the status quo until constitutional questions are settled.
The conservatory orders temporarily halt all activities related to the Imenti State Lodge project and any associated state actions. These measures aim to uphold constitutional principles, including environmental protection under Articles 10 and 69 of the Kenyan Constitution.
Petitioners' Arguments
- The petitioners argue that the project violates constitutional safeguards on environmental conservation, public participation, fair administrative action, and public land management.
- They cite Articles 10, 42, 47, 62, 69, and 70 of the Constitution, emphasizing that public forests are held in trust for current and future generations.
- The State has a constitutional duty to conserve and protect these natural resources.
The court has scheduled the hearing for September 28, 2026, to fully address the issues raised.
