Activist and petitioner Francis Awino/HANDOUTThe High Court has temporarily suspended the proposed development of an airstrip, State Lodge and golf course at Imenti State Forest in Meru pending the hearing and determination of a constitutional petition challenging the projects.
In a ruling delivered on Thursday, the court stopped the implementation of the projects after finding that allowing them to proceed could cause irreversible environmental harm and potentially render the petition meaningless if the petitioners ultimately succeed.
“A conservatory order is issued to suspend the impugned projects, the airstrip, state lodge and golf course awaiting determination of the petition,” the judge ruled.
The petition was filed by activist Francis Awino and other petitioners, who are challenging alleged plans to undertake infrastructure and development projects affecting forest land in Meru.
The petitioners have also questioned the constitutionality of provisions introduced through the 2025 amendment to Section 56(2) of the Forest Conservation and Management Act.
The court found that if the projects commenced, their implementation could fundamentally alter the environment, making it difficult or impossible to restore the area to its original state.
The judge said the possibility of irreversible consequences was central to the decision to preserve the subject matter of the dispute until the constitutional questions raised in the petition are determined.
The court further held that declining to grant the conservatory orders could deny the petitioners meaningful access to justice because any eventual success in the case could be rendered ineffective if the projects were allowed to proceed.
"The starting of it may well take us back to a scenario where restoring the status quo may not be possible," the judge observed.
The judge added that the key issue was whether declining to suspend the projects would undermine the purpose of the petition.
The court consequently allowed the application and issued orders suspending the disputed projects and any related State actions pending the hearing and determination of the petition.
In reaching its decision, the court relied on the precautionary principle, which requires caution where proposed activities could result in serious or irreversible environmental damage.
The court said the orders were necessary to safeguard constitutional values, including environmental protection, while it considers the petitioners' concerns.
The petitioners argue that the proposed developments raise questions concerning environmental protection, public participation, fair administrative action and the management of public land.
They have cited Articles 10, 42, 47, 62, 69 and 70 of the Constitution in challenging the alleged actions.
The petitioners contend that public forests constitute public land held in trust for present and future generations, placing a constitutional obligation on the State to conserve and protect them.
The case is scheduled for hearing on September 28, 2026.
The Environment Ministry and the Kenya Forest Service had previously told the court that the projects mentioned in the petition, including the proposed airstrip, golf course and State Lodge, remained draft proposals and that they had not received any official communication on their implementation in any forest in Meru.
The agencies also said that once planning and design processes were completed, the relevant institutions would undertake their statutory responsibilities to ensure compliance with environmental and constitutional requirements.
