NAIROBI, Kenya — The High Court has suspended the proposed Imenti State Lodge project after issuing conservatory orders halting its implementation pending the hearing and determination of a constitutional petition challenging its legality and environmental impact.
In a ruling delivered on Thursday, the court held that allowing the project to proceed before determining the petition could cause irreversible harm and render the case nugatory if the petitioners ultimately succeed.
The constitutional petition was filed by activist Francis Awino alongside three other petitioners, who argue that the project violates constitutional provisions on environmental protection, public participation, fair administrative action and the management of public land.
The court observed that construction had already commenced, warning that continued implementation could permanently alter the environment and make it impossible to restore the status quo.
“The project has started, and restoring the status quo may not be possible if it proceeds,” the court ruled.
The judge further held that declining to grant conservatory orders would deny the petitioners meaningful access to justice, as any eventual victory would be rendered ineffective if the project were completed before the case is determined.
In reaching its decision, the court invoked the precautionary principle, holding that where there is a risk of serious or irreversible environmental harm, the subject matter of the dispute should be preserved until the constitutional issues raised are fully heard and determined.
Consequently, the court allowed the Notices of Motion dated June 8 and June 26, 2026, suspending implementation of the contested project and any related actions by the State until the petition is heard and determined.
The judge emphasized that the conservatory orders were necessary to safeguard constitutional values, including environmental protection under Articles 10 and 69 of the Constitution.
According to the petitioners, the proposed development threatens to violate Articles 10, 42, 47, 62, 69 and 70 of the Constitution, which guarantee the right to a clean and healthy environment, public participation, fair administrative action and the proper management of public land.
They argue that public forests constitute public land held in trust for present and future generations and that the State has a constitutional obligation to conserve and protect them from degradation.
The matter has been scheduled for hearing on September 28, 2026, when the High Court will consider the substantive constitutional questions raised in the petition.
