MERU, Kenya- The Environment and Land Court has issued conservatory orders barring the State and any other parties from undertaking activities that could alter the status of Imenti Forest pending the hearing and determination of a constitutional petition challenging proposed developments within the protected ecosystem.
The case was filed by petitioner Francis Awino, who is seeking to stop reported plans that could see parts of the forest used for major projects, including an airstrip, a golf course and a State Lodge.
The petition argues that any such developments would pose a serious threat to the ecological integrity of the forest and could result in irreversible environmental damage.
In the application before the court, Awino sought orders preventing the excision, allocation, licensing, surveying, clearing, fencing or construction of any projects within Imenti Forest while the matter is under consideration.
The court’s decision effectively preserves the status quo until the petition is heard and determined.
The petitioner is also seeking the preservation and disclosure of government records linked to the alleged developments, including correspondence, environmental assessments, maps, survey records and any approvals related to the proposed projects.
According to court documents, the petition challenges the validity and application of the 2025 amendment to Section 56(2) of the Forest Conservation and Management Act.
The petitioner argues that the amendment weakened legal safeguards protecting public forests by allowing certain infrastructure projects to proceed under a less stringent legal framework.
The case comes amid growing concern from environmental groups over reports that parts of Imenti Forest could be earmarked for development.
Conservation organizations, including the Green Belt Movement and Greenpeace Africa, have raised alarm over alleged plans for an airstrip, golf course and State Lodge within the forest, warning that such projects could threaten a key water catchment and biodiversity habitat.
Environmental activists have argued that any proposed change of land use within public forests must comply with constitutional requirements, environmental laws and public participation processes.
The petition contends that public forests are public land held in trust for present and future generations and that the State has a constitutional duty to conserve and protect them.
It cites Articles 10, 42, 47, 62, 69 and 70 of the Constitution, which deal with environmental rights, public participation, fair administrative action and the protection of public land.
The case is expected to test the legality of recent changes to forest management laws and could have far-reaching implications for future infrastructure and development projects proposed within Kenya’s protected forest ecosystems.
