The Environment and Land Court has issued interim orders preserving Imenti Forest pending the hearing and determination of a constitutional petition challenging alleged plans to undertake developments within the protected forest.
Justice Oguttu Mboya directed that the status quo be maintained over the forest and barred any activities that could alter its current state until further orders of the court. He further restrained the respondents from commencing or undertaking any activities that may lead to the alienation, excision, degradation or wastage of the forest, which has been identified in the proceedings as a protected water tower.
The petition was filed by Francis Awino, who is seeking to stop any planned developments within Imenti Forest amid reports that parts of the forest could be earmarked for projects including an airstrip, a golf course and a State Lodge.
Awino argues that public reports and statements regarding the proposed developments have raised concerns that sections of the forest may be excised or otherwise interfered with, threatening its ecological integrity and environmental significance.
He is seeking conservatory orders barring government agencies and any other parties from allocating, licensing, surveying, clearing, fencing, constructing on, or otherwise dealing with any part of the forest pending the determination of the case. The petitioner is also seeking orders compelling public agencies to preserve and produce records related to the alleged projects, including correspondence, survey records, maps, environmental impact assessment reports, licence applications, easement requests and approvals connected to the developments.
Court documents show that the petition also challenges the constitutionality of the 2025 amendment to Section 56(2) of the Forest Conservation and Management Act. Awino contends that the amendment weakened protections for public forests by allowing certain infrastructure projects to proceed through a less rigorous approval process.
He argues that the threatened actions violate constitutional provisions on environmental protection, public participation, fair administrative action and the management of public land under Articles 10, 42, 47, 62, 69 and 70 of the Constitution.
According to the petition, public forests are held in trust for present and future generations and must be protected from degradation and unlawful interference.
The court directed the petitioner to serve the application within two days and granted the respondents seven days to file their responses. Awino was also given leave to file a supplementary affidavit thereafter.
The matter will be mentioned on June 29, 2026, for inter partes hearing and further directions.
Until then, the court orders effectively prohibit any activity capable of altering, excising or otherwise affecting Imenti Forest.
