Court Stops Development Activities in Imenti Forest Pending Case Hearing

The Environment and Land Court has made interim orders to keep Imenti Forest intact until the hearing and determination of the constitutional petition regarding purported intentions to conduct developments in the reserved forest.

Justice Oguttu Mboya certified the matter as urgent and directed that the case be heard on a priority basis, while ordering the maintenance of the status quo over the forest to prevent any activities that could alter its current state.

The orders temporarily halt any actions that could affect the forest as the court considers arguments surrounding reports of planned developments within one of Kenya’s key water towers.

“In the meantime, and to preserve the crux of the Petition and the Subject Application, there be and is hereby granted an Order for the Maintenance of Status Quo over and in respect of the Suit Property [the designated Water Tower] pending further Orders and Directions of the Court,” the court mentioned.

Court Bars Activities in Protected Imenti Forest

The court further directed that the respondents be restrained from undertaking any actions that may interfere with the forest before the matter is fully heard and determined.

“Commencing or undertaking any activities that may lead to alienation, excision or wastage of the designated forest is restricted,” Justice Oguttu read.

The petition was filed by Francis Awino, who is seeking to stop any planned developments within Imenti Forest amid concerns that sections of the forest could be earmarked for projects reportedly including an airstrip, a golf course, and a State Lodge.

He contends that such actions could threaten the ecological integrity of one of the country’s most important water towers.

In the petition, Awino seeks conservatory orders barring government agencies and any other parties from excising, allocating, licensing, surveying, clearing, fencing, constructing on or otherwise dealing with any part of Imenti Forest until the case is determined.

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Constitutional Issues Involved

The petitioners are further requesting directions from this Court that would compel the respective state agencies to provide and preserve documents relating to the matters in question.

These include correspondence, internal memoranda, survey records, maps, environmental impact assessment reports, special user licence applications, easement requests, and any approvals connected to the projects.

Court documents indicate that the petition challenges the constitutionality and application of the 2025 amendment to Section 56(2) of the Forest Conservation and Management Act.

Awino argues that the amendment weakened safeguards protecting public forests by allowing roads, utilities, pipelines and related infrastructure projects to proceed through what he describes as a less stringent legal process.

The petitioner further argues that the threatened actions violate constitutional provisions on environmental protection, public participation, fair administrative action, and the management of public land highlighted under Articles 10, 42, 47, 62, 69, and 70 of the Constitution.

Awino maintains that public forests are held in trust for present and future generations and that the State has a constitutional obligation to conserve and protect them from degradation.

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Hearing Set for June 29

The court directed that the application be served upon the respondents within two days.

The respondents were granted seven days to file their responses, while the petitioner was given leave to file a supplementary affidavit thereafter.

This case is slated to be heard through the inter partes procedure on June 29, 2026, at which point both parties will get a chance to air their grievances.

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Court Hammer for illustration purposes. PHOTO/DPP