The Environment and Land Court has stepped in to shield Imenti Forest from any potential development activities after issuing interim preservation orders pending the hearing of a constitutional petition challenging alleged plans to alter the protected ecosystem.
In a ruling delivered on Thursday, Justice Oguttu Mboya directed that the current state of the forest be maintained until the court determines the dispute, warning against any actions that could interfere with the integrity of the gazetted water tower.
"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 pending further Orders and Directions of the Court," the judge ordered.
The court further barred the respondents from undertaking any activities that could result in the alienation, excision, degradation or wastage of the forest before further directions are issued.
The case was filed by petitioner Francis Awino, who moved to court over reports suggesting that sections of Imenti Forest could be targeted for major development projects, including an airstrip, a golf course and a State Lodge.
Awino argues that the proposed projects pose a serious threat to one of Kenya’s key water towers and could lead to irreversible environmental damage if allowed to proceed.
Through the petition, he seeks orders stopping any individual, government agency or institution from allocating, surveying, fencing, clearing, licensing, constructing on or otherwise dealing with any part of the forest until the matter is fully heard and determined.
He has also asked the court to compel relevant public authorities to preserve and disclose records linked to the alleged developments, including environmental impact assessments, survey maps, internal correspondence, licence applications, approvals and other planning documents.
The petition also mounts a constitutional challenge against amendments introduced in 2025 to Section 56(2) of the Forest Conservation and Management Act. According to Awino, the changes weakened legal safeguards protecting public forests by creating a less rigorous approval framework for infrastructure projects such as roads, pipelines and utility corridors.
He contends that any interference with Imenti Forest would violate constitutional guarantees on environmental rights, public participation, fair administrative action and the protection of public land.
"Public forests are held in trust for both present and future generations, and the State bears a constitutional obligation to conserve and protect them," the petition states.
Justice Mboya certified the matter as urgent and directed that it be fast-tracked. The petitioner was ordered to serve the respondents within two days, after which they will have seven days to file their responses.
The case will be mentioned for an inter partes hearing on June 29, 2026, when the court is expected to consider whether the preservation orders should remain in force pending determination of the petition.
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