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Activist drops high-stakes lawsuit against Ritz-Carlton, Maasai Mara

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Chama Cha Mashinani National Organising Secretary, Mr Meitamei ole Dapash, reading the party resolutions at Milele Resort Hotel in Nakuru Town on Friday, April 7, 2017.

Photo credit: File | Nation

The legal battle pitting environmental conservationist Meitamei ole Dapash against the Narok County Government and the environmental watchdog over the construction of the luxurious Ritz-Carlton Maasai Mara Safari Camp has taken a new twist after the activist applied to withdraw the case.

In an unexpected turn of events, Mr Dapash, who had filed the case at the Environment and Land Court seeking the closure of the facility, has now approached the same court to discontinue the matter.

He has filed a notice of withdrawal, seeking to have the petition withdrawn with no orders as to costs.

“Take notice that the petitioner seeks to withdraw the entire suit instituted by way of a petition dated August 8, with no orders as to costs,” reads part of the court document.

Mr Dapash had filed the petition seeking the closure of the luxury safari camp, citing environmental concerns.

Meitamei Ololdapash, who is vying for the Narok Senate seat briefs the media on May, 9, 2022

Photo credit: Robert Kiplagat | Nation Media Group

In his submissions, he argued that the camp, operated by Marriott International Inc, obstructs wildlife migratory corridors and violates constitutional protections relating to ecosystems.

He also questioned the approval process and timelines followed during the camp’s construction, urging the court to restrain the opening and operation of the facility. 

He maintained that the project posed serious threats to the ecological integrity of the Maasai Mara Game Reserve and undermined the rights of Indigenous communities.

The Narok County Government filed a defence denying allegations that it had illegally approved the project. Through an affidavit sworn by County Secretary Mayan Olejuya, the county described the claims as biased and unfounded, arguing that they had little to do with genuine conservation efforts.

Mr Olejuya stated that the facility operates within the confines of a valid lease agreement and Kenya’s legal framework. The county further highlighted the camp’s contribution to the local economy, citing job creation, promotion of cultural tourism, and community social responsibility programmes.

The camp’s operator, Lazizi Mara, also filed a defence, stating that it had complied with all legal and regulatory requirements before establishing the facility.

In an affidavit, Lazizi Mara director Shivan Patel said the camp obtained approvals from the county government, Nema, the Water Resources Authority and even received a presidential exemption during its construction, at a time when the government had imposed a freeze on hotel construction in parks.

Mr Patel accused Mr Dapash of maliciously damaging the company’s reputation through negative publicity that could deter tourists. 

He maintained that the camp is located about 15 kilometres away from the wildlife migratory corridor.

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