By Waweru Wairimu and Pauline Ongaji
Environment and Land Court has issued fresh orders halting controversial developments in Imenti Forest and Ngong Road Forest. The rulings delivered by Meru and Milimani courts on July 30 and July 31, respectively, temporarily stop projects promoted as supporting tourism and infrastructure development.
In Meru, Justice Oguttu Mboya suspended the proposed construction of a State Lodge, airstrip, golf course and related developments in Imenti Forest in Meru County, pending the hearing and determination of consolidated petitions challenging the project.
The judge also directed that five petitions filed over the developments be consolidated into one case to enable a comprehensive determination of the constitutional and environmental issues raised.
The latest orders build on a series of conservatory orders issued by Justice Mboya since June, preserving the status quo in the gazetted forest and stopping any activities that could alter or degrade the protected ecosystem while the court hears the case.
In Nairobi, Lady Justice J.G. Kemei of the Milimani Environment and Land Court issued conservatory orders stopping further excavation, tree-felling, land clearing and construction along the proposed Talanta Stadium–Bomas International Conference Centre road corridor through Ngong Road Forest.
The orders restrain further works within the disputed section of the forest, including activities at a proposed eco-lodge site, pending determination of an application filed by the Law Society of Kenya, JustAct and other petitioners against the Kenya Urban Roads Authority (KURA), the National Environment Management Authority (NEMA) and other respondents.
Justice Kemei directed the respondents to file their replying affidavits and written submissions by August 17, while reserving the ruling on the application for September 16, 2026.
Another closely watched case concerns the proposed relocation of the Nairobi Animal Orphanage within Nairobi National Park. The Environment and Land Court recently conducted a court-supervised site inspection to help determine whether the proposed relocation complies with environmental and legal requirements before construction proceeds.
Kenya Wildlife Service (KWS) argues the move is necessary to improve conservation, education and animal welfare, while petitioners contend that the proposal could affect the park’s ecological integrity and should undergo rigorous environmental scrutiny.
Environmental organisations have welcomed the two rulings, saying they affirm constitutional protections for forests and the right to a clean and healthy environment.
In a joint statement, the Green Belt Movement and JustAct said the Imenti Forest decision demonstrates that projects affecting protected public forests must comply with the Constitution, environmental laws, meaningful public participation and statutory safeguards before implementation.
The organisations described Imenti Forest as a nationally significant ecosystem providing critical water catchment functions, biodiversity conservation and climate regulation, arguing that such ecological systems cannot simply be recreated once destroyed.
On the Ngong Road Forest case, the organisations said they were not opposed to infrastructure development but maintained that Kenya should pursue alternatives that avoid sacrificing protected public forests where viable options exist.
They argued that Ngong Road Forest performs vital ecological functions for Nairobi by storing carbon, protecting biodiversity, moderating urban temperatures, safeguarding water catchments and providing recreational space for residents.
The cases highlight a broader national debate over how Kenya should reconcile ambitious infrastructure and tourism projects with its environmental commitments.
The proposed Imenti Forest developments have been promoted by the Government as investments intended to support regional development and government operations, while the Ngong Road Forest project is linked to improving access between Talanta Stadium and the Bomas International Conference Centre ahead of major international sporting events.
Conservationists, however, argue that development should not come at the expense of gazetted forests that provide irreplaceable ecosystem services, including water security, biodiversity conservation, carbon storage and climate resilience.
The debate comes as Kenya continues implementing its national programme to grow 15 billion trees by 2032, raising questions about whether new developments should be permitted within protected forests when alternative sites or alignments may be available.
Although none of the court orders determine the merits of the projects themselves, they preserve the forests while the courts examine whether the developments satisfy constitutional requirements, environmental legislation and public participation obligations.
For now, work on the contested sections of both Imenti Forest and Ngong Road Forest remains suspended, reinforcing the message that projects affecting Kenya’s protected forests will face increasingly rigorous judicial scrutiny before they are allowed to proceed.
