Courts sets July 30 for ruling on construction of State lodge in Imenti forest

The ruling date was set after parties filed their written submissions before the court.

In its written submissions, the National Assembly urged the court to dismiss the petitioners' application for conservatory orders, arguing that they had failed to meet the legal threshold for the grant of the orders.

The National Assembly submitted that the petition is speculative and unsupported by credible evidence, maintaining that no decision has been made to excise, allocate, license or authorize any development within Upper Imenti Forest.

It argued that the petitioners had failed to provide evidence that the government has approved or commenced construction of the proposed airstrip, State Lodge, golf course, Meru Bypass extension or any related infrastructure in the forest.

It further submitted that the petition relies mainly on newspaper articles and social media reports, which it described as hearsay and lacking probative value.

The National Assembly also maintained that the impugned amendment to Section 56(2) of the Forest Conservation and Management Act only provides for easements relating to public roads and public utilities and does not authorize the projects cited by the petitioners.

It further argued that granting conservatory orders would unnecessarily interfere with Parliament's legislative mandate and delay critical public infrastructure projects, contrary to the public interest.

In response, the petitioner, Francis Awino, filed a supplementary affidavit arguing that the respondents had admitted government agencies are evaluating proposals for an airstrip, State Lodge, golf course and the extension of the Meru Bypass Road near Upper Imenti Forest, demonstrating that the threat to the forest is real and not speculative.

Awino also challenged the public participation exercise for the proposed Kithoka Airstrip, saying it was inadequate because it did not meaningfully involve conservation organisations, environmental experts and other key stakeholders.

He further argued that the public was not provided with sufficient environmental and technical information to enable informed participation before the projects were considered.

The petition seeks to stop any excision, allocation, licensing or development within Upper Imenti Forest until the constitutional petition is heard and determined.