NAIROBI, Kenya – The High Court has struck out a petition seeking to halt the construction and operation of the Ritz-Carlton Maasai Mara Safari Camp, in a ruling that clears the way for the luxury facility to continue operating inside the Maasai Mara ecosystem.
In a judgment delivered on February 26, 2026, Justice Lucy Gacheru dismissed the application for conservatory orders and upheld a preliminary objection on jurisdiction, effectively terminating the case.
The petition had been filed by Joel Meitamei Olol Dapash against the Narok County Government, the National Environment Management Authority (NEMA), and the project’s developers.
He alleged that the camp had been constructed along the Sand River and was obstructing wildlife migration corridors, particularly affecting wildebeest movement.
However, the court found that the petitioner had failed to establish a prima facie case and had prematurely moved to the High Court without exhausting alternative dispute resolution mechanisms provided under environmental and wildlife laws.
Compliance With Environmental Law
Court documents showed that a comprehensive Environmental Impact Assessment (EIA) had been conducted before the project commenced. NEMA issued an EIA licence on May 14, 2024, following inter-agency consultations, site inspections, and public participation forums.
In her ruling, Justice Gacheru noted that the petitioner conceded there had been substantive compliance with the Environmental Management and Co-ordination Act (EMCA) and the Environmental (Impact Assessment and Audit) Regulations. He also acknowledged evidence of public participation, including a meeting held on April 18, 2024, where community concerns were addressed through mitigation measures.
The respondents further argued that the camp is located approximately 15 kilometres from the nearest wildlife migration corridor, contradicting claims that it blocked migration routes.
Orders Overtaken by Events
The petitioner had sought conservatory orders to prevent the facility from opening, but the court observed that the camp officially opened on August 15, 2025.
“Conservatory orders cannot be issued to an event that has already occurred,” the judge held, adding that there was no evidence of imminent harm to justify the orders sought.
The court also declined a request to empanel an expanded constitutional bench, finding that the matter did not raise novel or complex constitutional questions.
Ultimately, the application for conservatory orders was dismissed, the preliminary objection on jurisdiction upheld, and the entire petition struck out with costs awarded to the respondents.
Tourism Sector Implications
The ruling removes legal uncertainty surrounding the operation of the Ritz-Carlton Maasai Mara Safari Camp, which opened in August 2025.
The property marks the entry of the Ritz-Carlton brand into East Africa’s safari circuit and is positioned within Kenya’s flagship wildlife destination, the Maasai Mara National Reserve.
For investors and regulators alike, the decision reinforces the importance of regulatory compliance, public participation, and adherence to statutory dispute resolution mechanisms in environmentally sensitive projects.
