KWS Veterinary and Capture Unit relocates a troublesome bull elephant from Kithoka Village near Imenti Forest, Meru County, to Tsavo East National Park/fileTwo conservation organisations have welcomed a court ruling suspending the proposed construction of an airstrip, state lodge and golf course within Imenti Forest.
The Environment and Land Court temporarily suspended the proposed developments pending the hearing and determination of a petition challenging the projects.
Justice Oguttu Mboya halted the implementation of the projects after finding that allowing them to proceed could cause irreversible environmental harm and potentially render the petition meaningless if it succeeds.
“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.
Following the court's decision, the Green Belt Movement (GBM) and JustAct welcomed the ruling.
“The court's decision is an important affirmation of the constitution, the rule of law and every Kenyan's right to a clean and healthy environment. It demonstrates that development projects affecting protected public forests must comply fully with constitutional and statutory requirements, including meaningful public participation, environmental safeguards and due process,” they said.
The court also directed that all five petitions challenging the proposed developments within Imenti Forest be consolidated into one matter, including a petition filed by the Green Belt Movement and JustAct.
The two organisations said the consolidation is a significant step towards ensuring a comprehensive and efficient determination of the legal and constitutional issues raised by the proposed developments. They added that it reinforces the need for a consistent judicial approach to protecting Kenya's forests.
They said Imenti Forest is a nationally important ecosystem that provides critical ecological services, including water catchment protection, biodiversity conservation and climate regulation.
“Once destroyed, these natural systems cannot simply be recreated through engineering or infrastructure investments. Their protection is therefore a matter of national interest. We reiterate that we are not opposed to development.
"Kenya requires infrastructure that supports economic growth and improves the lives of its people. However, development must be planned and implemented responsibly. It should never come at the expense of gazetted forests and other protected ecosystems when sustainable alternatives exist.”
The organisations said true development balances economic progress with environmental stewardship and safeguards the natural resources upon which present and future generations depend.
They added that the court's orders provide an opportunity for all parties to reflect on the importance of respecting environmental laws and ensuring that any proposed projects are subjected to rigorous legal and scientific scrutiny before implementation.
The two organisations said public institutions entrusted with the management of Kenya must exercise responsibility in accordance with the Constitution and in the public interest.
“We commend all citizens, conservation organisations and community members who continue to stand up for the protection of Kenya's forests through lawful and peaceful means. Their commitment reinforces the principle that Kenya's natural heritage belongs to all its people and must be managed sustainably for the benefit of current and future generations.”
They said they will continue to advocate for development that respects Kenya's forests, protects biodiversity and secures the environmental rights of present and future generations.
