Kaptagat forest fencing resumes after court lifts temporary orders

The Environment and Land Court in Iten, Elgeyo-Marakwet County, on Thursday, 23 July 2026, lifted the temporary orders that had restrained the Kenya Forest Service (KFS), its agents and contractors from fencing or undertaking related activities in Kaptagat Forest, paving the way for the conservation programme to proceed while the substantive case remains before the court.

In a ruling delivered virtually on Thursday, Justice Boaz Olao vacated the conservatory orders issued on 15th July 2026 after hearing applications by all parties in the case.

The legal dispute arose after Gilbert Cheruiyot, Martin Kipkoech Cheruiyot and three other applicants moved to court seeking to stop the fencing of sections of Kaptagat Forest, citing concerns over public participation and the Environmental and Social Impact Assessment process.

The Kenya Forest Service subsequently applied to have the temporary orders set aside and, through the Attorney General, also filed a Preliminary Objection challenging the court's jurisdiction to hear the matter.

In a significant development, the court allowed the Kaptagat community, through their respective Community Forest Associations (CFAs), to be enjoined in the proceedings. The CFAs have been directed to file their responses on the issues before the court, enabling the communities living around the forest to formally participate in the case.

Following submissions by all parties, the court set aside the temporary orders that had halted fencing and related activities across the Kaptagat Forest Ecosystem, which comprises the Kaptagat, Sabor, Penon, Kessup and Kipkabus forest stations.

The court also directed all parties to file written submissions on the Preliminary Objection challenging its jurisdiction. The matter will be mentioned on 1st October 2026 to confirm compliance with the court's directions and to take a date for the ruling on the Preliminary Objection.

The substantive issues raised in the petition remain pending before the court.