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Parliament defends forest law in Imenti State Lodge court battle
Elephants in the Imenti Forest in Meru. Counties hosting game parks and national reserves are reaping billions of shillings in entrance fees every year from the facilities.
The National Assembly has entered the legal battle surrounding the planned construction of a State Lodge and airstrip at Imenti Forest, Meru, amid resistance from forest conservationists.
It has urged the court to uphold a contested amendment of conservation laws that allows construction of public utilities, easements and other national infrastructure projects in forests.
In its submissions, the National Assembly told the Environment and Land Court that an amendment introduced in the Forest Conservation and Management Act in 2025 supports essential public infrastructure and should not be suspended through interim orders.
It is opposing a petition filed by activist Francis Awino seeking to stop the proposed Presidential State Lodge, airstrip, golf course, Meru bypass extension and related projects while declaring the amended law unconstitutional.
The activist is challenging Section 56(2) of the Act alongside government plans for an airstrip, State Lodge, golf course, bypass, roads, utilities and related developments within the Imenti forest.
Mr Awino argues the legal amendment permits easements, wayleaves and special user licences inside protected forests contrary to constitutional safeguards.
But in the written submissions, the Speaker of the National Assembly argues that the petition has not met the constitutional threshold for interim orders because no decision has been made under the disputed law to authorise any of the projects.
The National Assembly further said there was no evidence of constitutional or environmental violations to prove any planned projects within Imenti Forest.
“The petitioner has not annexed any evidence to support the allegations that any of the respondents or any person acting under their authority has excised, alienated, allocated, licensed, granted any easements or wayleaves, special licence for the construction of an airstrip, golf course, State Lodge, bypass, utilities, roads or any related development on any part of Imenti Forest,” it says.
Parliament maintains the legal amendment was limited to easements for public roads, public installations and wayleaves for public utilities, adding that the petitioner has failed to show how the provision authorises the developments being challenged.
"The constitutional challenge is accordingly abstract, speculative and anticipatory in nature," Parliament says.
It adds that the petitioner "has failed to present credible, specific or admissible evidence of constitutional or environmental violations" because the application relies on "sensational social media posts, newspaper and magazine articles which do not have any probative value."
Members of the National Assembly follow proceedings during the presentation of the FY 2026/27 Budget Highlights by Cabinet Secretary for the National Treasury and Economic Planning John Mbadi at Parliament Buildings, Nairobi, on June 11, 2026.
The National Assembly further argues that the proposed developments remain under consideration and no forest land has been excised, allocated, licensed or developed under the impugned provision.
"The proposed projects are still under consideration and are yet to commence," Parliament says, urging the court to dismiss the application.
It also argues that Section 56(2) was enacted "to facilitate essential public infrastructure, including public roads and public utilities," warning that conservatory orders would "effectively paralyze critical national infrastructure development."
The Meru County Government also asked the court to dismiss the application, saying it has no constitutional or statutory mandate over gazetted public forests.
It argues the petition discloses no cause of action against the county because management of public forests rests with the national government and the Kenya Forest Service.
The county also says the petitioner relied on newspaper reports and hearsay instead of seeking official records through the Access to Information Act before moving to court.
The petition was filed last month against the Attorney-General, the Environment Cabinet Secretary, the Kenya Forest Service, the National Land Commission and the Speakers of the National Assembly and Senate. The County Government of Meru, the National Environment Management Authority and the Green Belt Movement are interested parties.
Mr Awino’s latest submissions say the case is no longer founded on media reports because government agencies have produced official records acknowledging evaluation of the proposed developments.
"The Petitioner's case is not built on abstract anxiety," his submissions state. "It is now reinforced by the respondents' own evidence confirming that government agencies are evaluating proposals for an airstrip, State Lodge, golf course and an extension of the Meru Bypass Road."
Mr Awino also argues that documents filed by the respondents disclose an imminent environmental threat and an inadequate public participation process.
"The Constitution expressly empowers the Court to intervene where environmental rights 'are likely to be' violated," the petitioner says, adding that courts should act "at the proper preventive stage rather than after irreversible damage occurs."
The case is pending determination.
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