The High Court in Meru has temporarily suspended the proposed construction of an airstrip, State Lodge, and golf course in Imenti Forest. Justice Oguttu Mboya issued the conservatory orders on Thursday, July 30, 2026, halting the projects until five consolidated petitions challenging the development are fully heard and determined.
Environmental advocates, conservation societies, and local residents have pushed back against the infrastructure plans, which target a gazetted public forest serving as a critical water catchment and biodiversity habitat. The legal challenge brings together several petitioners, including activist Francis Awino, the East African Wildlife Society, the Green Belt Movement, JustAct, and the Meru Forest Conservation Forum. They argue that the planned developments violate core constitutional provisions on environmental protection, public participation, and public land management.
Court Rulings, Environmental Protections, and Legal Arguments
When granting the conservatory orders, the High Court emphasized that allowing heavy infrastructure work to proceed could permanently alter the ecosystem before the constitutional questions are answered. The court applied the precautionary principle, noting that the environmental stakes in the protected forest are high.
Petitioners challenged the 2025 amendment to Section 56(2) of the Forest Conservation and Management Act, arguing that the legislative change improperly weakened protections for public forests by lowering the legal bar for infrastructure projects such as roads and utilities. According to the court filings, the respondents failed to disclose critical statutory documents, including Environmental Impact Assessment reports, feasibility studies, approvals, and acreage surveys.
The legal battle has also triggered friction over procedural honesty and official records. During the proceedings, the court addressed conflicting accounts regarding whether construction activity had already commenced on site.
“I conclude that the applicants have demonstrated an arguable case that warrants a hearing. While Elizabeth Gitaru-Mitaru states that work is being done, the Chief Conservator Alex Lemarkoko, through an affidavit told court that no work has started.”
Justice Mboya, via Daily Nation
Justice Mboya added that the state agencies had avoided addressing certain core factual questions in their replying affidavits, remarking that by failing to bite at the point, it means you are hiding.
In addition to the main petition, Mr. Awino filed an application for contempt of court against the Attorney General, the Kenya Forest Service, the Environment Cabinet Secretary, the National Land Commission, and the speakers of both the National Assembly and the Senate. That contempt application cites officials for proceeding with airstrip-related actions despite interim orders originally issued on June 10.
Public Participation Controversies and Government Stances
Opposition to the Imenti projects extends beyond the courtroom, fueled by disputes over public engagement and transparency. Conservationists and residents have asserted that the government bypassed mandatory public consultation requirements. Earlier in July, an attempt by the Kenya Forest Service to conduct a public participation forum for the airstrip project collapsed after local residents heckled the proceedings, bringing the meeting to an abrupt halt.
Despite the legal roadblocks and public pushback, senior officials have signaled their intent to navigate the judicial process. Forestry Principal Secretary Gitonga Mugambi stated that the government will respect the court’s final ruling while expressing confidence that judicial authorities will eventually grant clearance for the infrastructure works. Meanwhile, the Meru County government fought to be dropped from the lawsuits, arguing misjoinder, but Justice Mboya rejected the request because lawyer Mugambi Imanyara produced documentation showing the devolved unit actively wrote letters supporting the development.
Next Legal Deadlines and Schedule
The legal sparring is set to continue. The Environment and Land Court scheduled the consolidated petitions for a hearing on September 28, 2026, and September 29, 2026. On September 28, the court will also take up the pending contempt of court application, setting up a legal showdown over the future of the protected ecosystem.
