Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCPartially AllowedNotice of Motion dated 16.06.2026 within Petition (Meru ELC)· [2026] KEELC 5077 (KLR)

Imanyara & 4 others v County Government of Meru & 4 others (Environment and Land Case E010 of 2026) [2026] KEELC 5077 (KLR)

Environment and Land Court
30 July 2026
6,410 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~26 min to read original · ~4 min brief

The bottom line

#

A Kenyan court has blocked all development of Imenti Forest—including an airstrip, state lodge and golf course—until the main case is fully heard.

What this practically means

#

Executive summary

#
This is a ruling on a Notice of Motion dated 16.06.2026 in an environmental petition before the Environment and Land Court at Meru, in which the petitioners sought interim conservatory orders and injunctions restraining the respondents from excising, alienating or developing any portion of Imenti Forest for an airstrip, state lodge, golf course or related facilities. The 1st respondent (County Government of Meru) argued it was misjoined as the forest is national government public land and the petition was premature; the 2nd, 3rd and 5th respondents contended the projects were at preliminary evaluation stages, that public participation had been undertaken, and that public interest favoured the projects. The court framed three issues: cause of action against the 1st respondent, prima facie case, and whether failure to grant conservatory orders would defeat the petition. It held the County's correspondence with the Principal Secretary seeking excision of 100 acres evidenced its involvement, establishing a cause of action. Non-demonstrated compliance with Sections 57A and 58 of EMCA and the forest-boundary provisions, together with questionable public participation, established an arguable case with inherent merits. Applying the precautionary principle, the court found continued project activity would defeat the petition's substratum. The application was allowed in part: a conservatory order and status quo order issued pending determination of the petition; prayers (6) and (7) (disclosure and inspection) were declined; costs were to abide the outcome of the petition.

Key legal issues

#
01

Whether the petition discloses a reasonable cause of action against the 1st respondent (County Government of Meru)

Holding

The petition discloses a reasonable cause of action against the 1st respondent; the totality of evidence showed some level of County involvement

Reasoning

The court examined the correspondence between the Governor of Meru County and the Principal Secretary, Ministry of Environment, including the letter seeking excision of a further 100 acres for a golf course, and the County's purported commissioning of public participation. It found the County involved and noted Upper Imenti Forest falls within the County's jurisdiction by dint of Sections 34 and 37 of the Wildlife Conservation and Management Act. A cause of action was thus established, though ultimate success is for plenary hearing.

p. 10
02

Whether the applicants established a prima facie case warranting conservatory orders

Holding

Yes - non-compliance with EMCA ss. 57A and 58, the Forest Conservation and Management Act, and questionable public participation rendered the case arguable with inherent merits

Reasoning

The respondents, as project proponents, did not demonstrate compliance with the mandatory requirements of Sections 57A and 58 of EMCA requiring strategic environmental assessments and EIA licences, nor with the forest boundary-alteration process under the Forest Conservation and Management Act and the Wildlife Conservation and Management Act. The question of the quality of public participation could not be determined at the interlocutory stage but favoured the applicants, establishing an arguable case with inherent merits requiring plenary investigation.

p. 17
03

Whether failure to grant conservatory orders would defeat the substratum of the petition

Holding

Yes - continuation of the projects would defeat the petition, and the precautionary principle commanded intervention

Reasoning

The substratum of the petition is preservation and conservation of the Upper Imenti Forest as part of the wider Mount Kenya ecosystem, engaging Articles 42 and 69 of the Constitution. The projects would have ripple effects on the environment, potentially affecting forest cover targets, water catchment and climate resilience. Given the precautionary principle in Section 3(5) of EMCA and the risk of irreversible consequences, conservatory orders were necessary to preserve the substratum of the petition.

p. 25

Legal principles established

#
  • Conservatory orders ought to be granted on the inherent merit of a case, bearing in mind the public interest, the constitutional values, and the proportionate magnitudes and priority levels attributable to the relevant causes
  • A prima facie case in civil cases is one in which on the material presented a tribunal properly directing itself will conclude that there exists a right which has apparently been infringed by the opposite party, calling for an explanation or rebuttal
  • Public participation is a living constitutional principle that goes to the constitutional tenet of the sovereignty of the people and must be real and not illusory

Court orders

#
  1. 1.The Application dated 16.06.2026 be and is hereby allowed as hereunder
  2. 2.A conservatory order barring the respondents jointly and/or severally from undertaking the implementation of any decision, resolution, approval, license, permit, agreement, development plan, procurement process or administrative action relating to the proposed excision and development of Imenti Forest, pending the hearing and determination of the petition
  3. 3.An order of status quo directing that the character, ecological condition and legal status of Imenti Forest be preserved, conserved and maintained, pending the hearing and determination of the Petition
  4. 4.Prayers (6) and (7) of the Application dated 16.06.2026 are declined
Jurisdiction invoked
Articles 22, 23, 35, 42, 69, 70 and 258 of the Constitution of Kenya, 2010; Environment Management and Coordination Act

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Imanyara & 4 others v County Government of Meru & 4 others (Environment and Land Case E010 of 2026) [2026] KEELC 5077 (KLR)", Case Analysis (2026). Notice of Motion dated 16.06.2026 within Petition (Meru ELC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5077/eng@2026-07-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.