NAIROBI, Kenya — The High Court has temporarily stopped the transfer of management of Amboseli National Park from the national government to Kajiado County, dealing a blow to a plan that would have seen the county take control of one of Kenya’s most valuable conservation and tourism assets.
The conservatory orders follow a petition filed by Joseph Kasau Masaa, who challenged the legality of the handover, arguing that the process violated the Constitution and endangered a nationally protected area.
In its ruling, the court declined requests by the Cabinet Secretary for Tourism and Wildlife and the Attorney General to dismiss the case, instead finding that the issues raised raise serious constitutional questions that must be heard fully.
“It is not the mere mention of land or environment that ousts the jurisdiction of the High Court,” the judges said, while sitting in the Constitutional and Human Rights Division.
Disputed Gazette Notices and Transfer Plan
At the centre of the dispute are two Gazette Notices issued in October 2025, alongside a deed of transfer that sought to place management of Amboseli National Park under Kajiado County, while ownership remained with the Kenya Wildlife Service (KWS).
Under the proposed arrangement, revenues from the park — currently estimated at at least Sh1.5 billion annually — would be collected through the e-Citizen platform and shared equally between the national and county governments.
The plan also envisioned the creation of the Amboseli Ecosystem Conservation Authority (AECA), a semi-autonomous body that would oversee the park’s management once placed under county control.
Kajiado County had projected it would earn millions of shillings every year from the arrangement.
Constitutional Questions Raised
Masaa told the court that Amboseli is classified as public land under Article 62 of the Constitution, and that national parks fall squarely under the mandate of the national government.
He further argued that wildlife conservation and the management of national parks are national functions under the Fourth Schedule of the Constitution, and cannot be transferred to counties through executive action or Gazette notices without parliamentary approval.
The petition also faults the process for allegedly excluding the National Land Commission (NLC), which has constitutional oversight over public land.
Status Quo Maintained
In issuing conservatory orders, the court directed that the status quo be maintained, effectively blocking Kajiado County from assuming management of Amboseli National Park until the case is fully heard and determined.
The ruling comes amid heightened scrutiny of conservation governance around Amboseli, one of Kenya’s most iconic parks and home to globally renowned wildlife, including Africa’s famed super tuskers.
