The government has asked the High Court in Meru to throw out a petition seeking to stop proposed infrastructure projects linked to the Imenti forest area, arguing that the case lacks legal merit and is founded on speculation rather than evidence.
In court papers filed through the Attorney General, the State urged the court to dismiss both the petition and the accompanying application for conservatory orders, saying the petitioner, activist Francis Owino, had failed to establish any constitutional or environmental violation that would justify halting the proposed developments.
Owino moved to court challenging reports of planned projects, including an airstrip, golf course, State Lodge, and bypass road, contending that the developments pose a threat to protected forest land and the environment.
However, the respondents maintained that the application does not satisfy the legal test for conservatory orders.
"The Notice of Motion and petition are frivolous, devoid of merit and do not meet the threshold for the granting of conservatory orders," the Attorney General stated in the grounds of opposition.
The State further argued that the petitioner had not demonstrated any actual infringement of constitutional rights or environmental laws, saying the case was largely supported by newspaper reports, magazine publications and social media content, none of which amounted to admissible evidence.
"Other than setting out constitutional and statutory texts and attaching newspaper and magazine articles, the petitioner has not demonstrated how the Constitution was violated or the loss, injury or damage suffered," the respondents submitted.
According to the government, the proposed airstrip and related projects are intended to strengthen conservation efforts and improve the management of forest resources in Meru County.
It warned that stopping the projects at this stage would undermine initiatives aimed at protecting the environment.
The respondents also disputed the factual basis of the petition, telling the court that there is no gazetted forest officially known as "Imenti Forest" in Meru County.
They added that no evidence had been produced to show that any forest land had been excised, allocated or licensed for the construction of an airstrip, golf course, State Lodge, bypass or any other project.
The Attorney General further informed the court that the projects remain at the proposal stage and that the Kenya Forest Service has not received any formal communication authorising their implementation.
On the proposed Meru Bypass, the State explained that the matter is already undergoing the relevant approval process after the Kenya National Highways Authority applied for a Special User Licence to upgrade an existing road to bitumen standards. It maintained that the road alignment follows the edge of the forest and does not cut through the protected area.
The government assured the court that if any of the proposed developments proceed beyond the planning phase, all mandatory statutory approvals, including environmental assessments and constitutional requirements, will be complied with before implementation.
"The public interest in having any planned or proposed projects commence and conclude uninterrupted militates against the grant of conservatory orders," the respondents argued.
Meanwhile, the High Court directed the National Environment Management Authority and the National Land Commission to file their responses to the petition within seven days.
The court also extended the interim conservatory orders previously issued, preserving the existing status quo until further directions and the determination of the case.
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