Third court order stops planned State lodge development in Imenti Forest

A planned State Lodge, golf course and airstrip in Imenti Forest has suffered another setback after the Environment and Land Court issued fresh orders barring any move to excise part of the protected forest as multiple legal challenges against the project gather momentum.

The latest orders were issued by Justice Oguttu Mboya in a case brought by the Pan African Climate Justice Alliance (PACJA) and the Meru Forest Conservation Forum, adding to a growing list of court directives that have temporarily halted the proposed developments.

The ruling marks the third conservatory order issued in relation to the disputed project, which has attracted opposition from activists, residents and environmental lobby groups concerned about the future of the forest.

Justice Mboya also extended orders that had been granted on June 10 in a separate petition filed by activist Francis Awino. The matter is scheduled for mention today.

The court further directed that the conservatory orders remain in place until tomorrow, when another case filed by five Meru residents with the backing of Mazingira Green Party is expected to come up for mention.

With three separate petitions now before the court, Justice Mboya said consideration will be given to consolidating the cases because they all revolve around the same proposed developments in Imenti Forest.

The judge is also expected to address an application seeking contempt proceedings against the Attorney-General, the Cabinet Secretary for Environment, Climate Change and Forestry, the National Land Commission, the Speaker of the Senate and the Speaker of the National Assembly.

The application was filed by Awino, who argues that the respondents should answer allegations linked to compliance with previous court directives.

The respondents have been granted seven days to file their responses.

Appearing for the Attorney-General and the Environment Cabinet Secretary, State Counsel Eric Obura told the court that the government had complied with all existing orders and maintained that no activity had taken place within the forest.

“I am yet to respond to the contempt application because we were served on Friday afternoon. I pray for seven days to respond. However, the position is that the forest is intact. We have obeyed the court orders,” he said.

Apart from seeking to stop the developments, Awino wants all documents connected to the proposed projects released to the public. The request covers records relating to the planned developments within Imenti Forest, including the proposed Meru town bypass.

The activist is also challenging Section 56(2) of the Forest Conservation and Management (Amendment) Act, arguing that it allows easements, wayleaves, roads, utilities and special user licences in a manner that is inconsistent with the Constitution.

He further wants the court to cancel any decisions that may have been made concerning the allocation of forest land for the projects.

In another petition before the court, Mugambi Imanyara, Charles Mutuma, Mwenda Kirera, Michael Koome and Douglas Mwiti argue that the planned developments threaten a gazetted public forest.

The petitioners maintain that Imenti Forest plays an important role as a water catchment area and supports biodiversity, making it a critical environmental resource that should be protected from activities that could affect its ecological value.