The High Court has temporarily halted the implementation of the proposed Imenti State Lodge project, issuing conservatory orders pending the hearing and determination of a constitutional petition filed by activist Francis Awino and three other petitioners.
In a ruling delivered on Thursday, the court found that allowing the project to continue before resolving the constitutional issues raised in the case could result in irreversible consequences and ultimately defeat the purpose of the petition if the applicants succeed.
The judge noted that work on the project had already begun and cautioned that continued construction could permanently alter the affected environment, making it impossible to restore the area to its original state.
“The project has started, and restoring the status quo may not be possible if it proceeds,” the court observed.
The court further held that refusing to grant conservatory orders would undermine the petitioners’ constitutional right to seek justice, as any favourable judgment delivered later would have little practical effect if the project had already been completed. In reaching its decision, the court relied on the precautionary principle, emphasizing that where there is a likelihood of serious or irreversible environmental damage, it is necessary to preserve the subject matter of the dispute until the constitutional questions are fully determined.
Consequently, the court allowed the Notices of Motion dated June 8 and June 26, 2026, suspending the implementation of the contested project together with any related government actions until the petition is heard and determined. The judge observed that the conservatory orders were necessary to protect constitutional values, particularly the State’s obligations on environmental conservation under Articles 10 and 69 of the Constitution, while the court considers the substantive issues raised by the petitioners.
In their case, the petitioners argue that the State Lodge project violates constitutional guarantees on environmental protection, public participation, fair administrative action and the management of public land, citing Articles 10, 42, 47, 62, 69 and 70 of the Constitution. They maintain that public forests are public land held in trust for both present and future generations and that the government has a constitutional duty to conserve and protect them from unlawful degradation.
The consolidated petitions are scheduled for hearing on September 28, 2026.
