Petition seeks to protect Wildebeest migration from hotel development

The petition has been filed by the East Africa Law Society, Natural Justice, JustAct and the Africa Centre for Peace and Human Rights against Ritz-Carlton Hotel Company LLC, Marriott International Inc, Lazizi Mara Limited, the Narok County Government, the National Environment Management Authority (NEMA), the Attorney General, the Kenya Wildlife Service (KWS), The Safari Collection Ltd and Minor Hotels Ltd.

The organisations are seeking conservatory orders stopping the construction or expansion of accommodation facilities within the reserve, particularly in the Low Use Zone and Mara River Ecological Zone, pending the determination of the case.

They also want the court to certify the petition as one of substantial public importance and refer it to the Chief Justice for the empanelment of a five-judge bench.

According to court documents filed by advocate Gichohi Waweru, the petition challenges the construction and operation of the Ritz-Carlton Maasai Mara Safari Camp near the Sand River, claiming it was developed in a protected ecological zone despite a moratorium on new accommodation facilities within the reserve.

The petitioners argue that the 20-suite luxury camp, which reportedly charges more than USD3,500 per night, was constructed without a valid Environmental Impact Assessment (EIA) licence and within areas reserved for environmental conservation under the Maasai Mara National Reserve Management Plan 2023-2032.

They further allege that Sala's Camp, operated by The Safari Collection Ltd, and Elewana Sand River Masai Mara, operated by Minor Hotels Ltd, are also unlawfully operating within protected zones.

The petition cites research from the University of Glasgow's Serengeti Biodiversity Programme, based on 26 years of GPS tracking data, which allegedly shows that the Ritz-Carlton camp sits along a critical wildebeest migration corridor.

According to the court documents, the researchers found that the high-density migration route across the Sand River disappeared after construction of the camp began in 2022 forcing large numbers of wildebeest to remain on the Tanzanian side of the border.

The organisations argue that the annual wildebeest migration is a globally significant ecological phenomenon protected under international environmental treaties to which Kenya is a party.

They are asking the court to determine whether wildlife migration corridors are protected under the Constitution, whether Kenya's international environmental obligations are directly enforceable in local courts, and whether leasing land within a national reserve for commercial tourism required parliamentary approval.

The petitioners are also seeking orders compelling relevant government agencies to conduct an audit of all hotels and accommodation facilities operating within the reserve's protected zones and file a report in court.

They argue that unless the court intervenes, continued development could cause irreversible ecological damage during the ongoing 2026 wildebeest migration season, threatening one of Kenya's most iconic wildlife spectacles and a key tourism attraction.