The High Court has issued conservatory orders stopping the proposed project at Imenti State Lodge pending the hearing and determination of a constitutional petition filed by activist Francis Awino and three other petitioners
In a ruling delivered on Thursday, the court held that allowing the project to proceed before determining the petition could occasion irreversible harm and render the case nugatory if the petitioners ultimately succeeded.
The judge observed that the project had already commenced and warned that its continued implementation could fundamentally alter the environment, making it impossible to restore the status quo.
“The project has started, and restoring the status quo may not be possible if it proceeds,” the court noted.
The court further found that declining to grant conservatory orders would effectively shut the petitioners out of the seat of justice, contrary to the Constitution, as any eventual victory would be rendered meaningless.
In reaching its decision, the court applied the precautionary principle, holding that where there is a risk of serious or irreversible environmental harm, it is necessary to preserve the subject matter of the dispute until the constitutional questions are determined.
The court consequently allowed the Notices of Motion dated June 8 and June 26, 2026, and suspended the implementation of the impugned project and any related state actions pending the hearing and determination of the petition.
The judge said the conservatory orders were necessary to safeguard constitutional values, including environmental protection under Articles 10 and 69 of the Constitution, while the court considers the issues raised in the petition.
The petitioner contends that the threatened actions violate constitutional provisions on environmental protection, public participation, fair administrative action and the management of public land, citing Articles 10, 42, 47, 62, 69 and 70 of the Constitution.
They argue that public forests are public land held in trust for present and future generations and that the State has a constitutional obligation to conserve and protect them.
Hearing is set for 28th September of this year.
