AG seeks dismissal of Meru Airstrip petition, says case lacks evidence

The petition was filed by activist Francis Awino, who is challenging plans to construct an airstrip, golf course, State Lodge, bypass and other developments, claiming the projects threaten the environment and could lead to the destruction of protected forest land.

In grounds of opposition filed before the court, the 1st, 2nd and 3rd respondents asked the court to strike out the petition and decline to issue conservatory orders stopping the projects.

The respondents argued that Awino had failed to meet the legal threshold for the grant of conservatory orders and had not demonstrated any violation of the Constitution or environmental laws.

"The Notice of Motion and petition are frivolous, devoid of merit and do not meet the threshold for the granting of conservatory orders," the respondents state in their court filings.

The government further argued that the proposed projects, particularly the airstrip, are intended to enhance conservation efforts and improve the management and protection of forests in Meru County.

According to the respondents, delaying the projects would undermine government conservation initiatives and could ultimately harm the environment and ecosystem.

The Attorney General also faulted the petitioner for relying on newspaper articles, magazine reports and social media posts, arguing that such material has no evidentiary value.

"Other than setting out constitutional and statutory texts and attaching newspaper and magazine articles, the petitioner has not demonstrated how the Constitution was violated or the loss, injury or damage suffered," the respondents argued.

The government further told the court there is no officially gazetted forest in Meru County known as "Imenti Forest" and that no evidence has been presented to show that any land has been excised, allocated or licensed for the construction of an airstrip, golf course, State Lodge, bypass or any other development.

The respondents maintained that the proposed projects remain at the draft proposal stage and that the Kenya Forest Service has not received any official communication regarding their implementation.

On the proposed Meru Bypass Road, the government said the matter is already before the relevant board following an application by the Kenya National Highways Authority for a Special User Licence to upgrade an existing road to bitumen standards.

According to the respondents, the road runs along the edge of the forest and does not encroach into the protected area.

The government also assured the court that once planning and design for any proposed project are completed, the relevant ministries, departments and agencies will undertake all statutory processes required to ensure compliance with environmental laws and constitutional provisions.

"The public interest in having any planned or proposed projects commence and conclude uninterrupted militates against the grant of conservatory orders," the respondents submitted.

Meanwhile, the court directed the National Environment Management Authority and the National Land Commission to file and serve their responses within seven days.

The court also extended the conservatory orders previously issued, meaning the status quo will remain in force pending further directions and determination of the petition.