The Iten Environment and Land Court has lifted the orders it had issued earlier restraining the Kenya Forest Service (KFS), their agents or proxies from fencing or undertaking related activities within the Kaptagat Forest Ecosystem.
Justice Boaz Olao on Thursday, July 23 heard an application filed by Gilbert Cheruiyot, Martin Kipkoech Cheruiyot and three other respondents to stop the fencing of the Kaptagat Forest comprising of Kaptagat, Sabor, Penon and Kipkabus forest blocks.
The respondents had cited that KFS had not carried out public participation and that the Environmental and Social Impact Assessment was not undertaken.
KFS filed an application to set aside the orders issued on 15th July 2026 stopping the fencing and a Preliminary Objection challenging the jurisdiction of the court to hear the matter.
The Kaptagat Community through their respective Community Forest Associations, made an application to be enjoined in the suit. The Community was directed to file its response to the issues before court.
Upon hearing all the parties, the court set aside the orders issued on 15th July 2026, which had restrained KFS, their agents or proxies, from fencing or undertaking related activities within the Kaptagat Forest Ecosystem.
Further, the court took cognizance of the preliminary objection challenging the jurisdiction of the court filed by the Attorney General on behalf of KFS and directed all parties to file their respective written submissions on the issue.
The matter will be mentioned on 1st October, 2026 to confirm compliance with the courts directions and to obtain a date for the ruling on the preliminary objection.
