The Environment and Land Court in Meru has suspended the construction an airstrip, state lodge and golf course in Imenti forest until five consolidated petitions are heard and determined.
Justice Oguttu Mboya granted conservatory orders in five petitions separately filed by activist Francis Awino, Lawyer Mugambi Imanyara and four others, the East African Wildlife Society, the Green Belt Movement and JustAct, and Meru Forest Conservation Forum.
Justice Mboya also set the hearing date for the consolidated petition on September 28 and September 29, 2026.
At the same time, an application for contempt of court filed by Mr Awino against the Attorney General, KFS, Environment Cabinet Secretary, NLC, Speaker of the National Assembly and Speaker of the Senate, will be mentioned on September 28.
Mr Awino has cited the six for contempt, for proceeding with the airstrip project against interim court orders issued on June 10.
The respondents include county government of Meru, the National Land Commission (NLC), the Kenya Forest Service (KFS), Environment Cabinet Secretary, National Environment Management Authority (NEMA), the Speaker of the National Assembly, the Speaker of the Senate and the Attorney General.
On Thursday, Justice Mboya granted the motions for conservatory orders noting that failure to do so, would adversely affect the basis of the petitions.
While ruling on the petition filed by the East African Wildlife Society, the Judge stated: "I conclude that the applicants have demonstrated an arguable case that warrants a hearing. While Elizabeth Gitaru-Mitaru states that work is being done, the Chief Conservator Alex Lemarkoko, through an affidavit told court that no work has started."
"The respondent also avoided the matter in the replying affidavit. By failing to bite at the point, it means you are hiding."
Meru County government's counsel request to be expunged from the petitions citing misjoinder was rejected after it emerged that Mugambi Imanyara had provided documents indicating the devolved unit is in support of the projects.
"The county government is duly enjoined due to their role in writing letters in support of the project," Justice Mboya said.
A cleared section of Imenti forest in Meru County where construction work is ongoing for the proposed construction of an airstrip.
Photo credit: Pool
The GreenBelt Movement had filed an application to have the court visit the site of the projects in the forest before hearing, but it was withdrawn.
Justice Mboya allowed the petitioners and the respondents to file written submissions, respondents responses and further affidavits.
The petitioners argue that the proposed development threatens a gazetted public forest which serves as a critical water catchment area, biodiversity habitat and environmental resource for the people of Meru County and Kenya at large.
They day that the proposed developments violate the Environmental Management and conservation Act, the Constitution, convention on protection of biodiversity and the Paris agreement.
The applicants also argue no public participation was conducted, neither has the National Assembly and the Senate approved the annexing of forest land.
“The Respondents have failed to disclose Environmental Impact Assessment reports, feasibility studies, approvals, maps, acreage surveys and other statutory documents relating to the project. The proposed development threatens to cause irreversible environmental degradation and destruction of forest resources." Petitioners told the court.
On July 8, the Kenya Forest Service defied court orders to conduct a public participation forum on the Airstrip project attracting criticism from conservationists.
Five members of Imenti Development Forum had moved to court seeking to stop the public participation exercise citing insufficient notice.
The Kenya Forest Service (KFS) called the meeting to collect views under the Environmental and Social Impact Assessment (ESIA) process, despite construction having commenced a month earlier.
An attempt by Lawyer Elizabeth Gitaru-Mitaru, who is also the Chairperson of East African Wildlife Society, to serve the court orders on KFS deputy chief conservator of Forests Clement Ng'oriareng' failed after she was denied audience.
"The public participation forum has proceeded against an active court order. Though they have refused to be served, we will serve them anyhow. What has happened is a mockery to public participation as enshrined in the constitution. The public were not given an opportunity to give their input and we have not been served with any documents and designs to comment on," Ms Gitaru-Mitaru said earlier.
During the public participation event, chaos erupted after angry residents attempted to rough up Mucisian Kamanu M'Tuamwari for opposing the project.
Mr Kamanu, who is also a founder of Save our Rivers Initiative, was whisked to safety by police after he presented an opposing petition supported by more than 7000 Kenyans.
Speaking at the forum, Mr Phillip Mutinda, the head of KFS airwing, said the project was being executed with minimal ecological disruption.
He said the airstrip project has been necessitated by frequent forest fires that have destroyed more than 96,000 acres of forest land in the last five years.
"The Airstrip project was advised by worrying data that shows that 146 fire incidences have occurred in gazetted forests in five years. The site does not interfere with the elephant corridor as it is two kilometers away."
"The airstrip will improve response to wild fires and surveillance, promote ecotourism and spur regional economic development," Mr Mutuku said.
Forestry Principal Secretary Gitonga Mugambi has in the past maintained that the airstrip project was meant to protect the Mt Kenya forest by facilitating surveillance.
“The Mt Kenya forest covers 600,000 acres and some of it has been destroyed. We have even noted bhang growing in Tharaka Nithi area. We cannot know what is happening in the forest because we do not have aerial surveillance. I have been accused of destroying the forest but what we are doing is setting up a KFS operation base to strengthen surveillance and monitoring,” he said.
President William Ruto has also told off critics of the projects, particularly the State lodge.
