By Erestinah Jane | June 30, 2026
Attorney General Dorcas Oduor has urged the Meru Environment and Land Court to dismiss a constitutional petition seeking to halt the proposed construction of a State Lodge, airstrip and golf course in Meru County, arguing that the case lacks factual and legal merit and does not meet the threshold for constitutional intervention.
The petition, filed by human rights activist Francis Owino, challenges the proposed developments on grounds that they could lead to environmental degradation, illegal encroachment into protected forest land and violation of constitutional provisions safeguarding Kenya’s natural resources.
However, in grounds of opposition filed before the court, the Attorney General, alongside the Ministry of Environment, Climate Change and Forestry and the Kenya Forest Service, maintained that the petition is speculative, unsupported by credible evidence and prematurely seeks to stop projects that have not yet received implementation approval.
The government argues that much of the petitioner’s case is based on newspaper articles, social media posts and other unverified reports rather than official government documents or technical environmental assessments. According to the respondents, such material cannot be relied upon as admissible evidence to justify constitutional orders stopping public projects.
The state further informed the court that the proposed airstrip, State Lodge and golf course remain at the conceptual planning stage and have not progressed to implementation. It stated that no directives have been issued to excise forest land, commence construction works or alter the status of any gazetted forest to facilitate the projects.
In one of its key arguments, the government told the court that official land and forestry records do not recognise the existence of a gazetted forest known as “Imenti Forest” as described in the petition. The respondents contend that this inconsistency raises serious questions about the factual basis of the case and the location of the alleged environmental threat.
The Attorney General also defended the proposed infrastructure from an economic and conservation perspective, arguing that improved transport connectivity through a properly planned airstrip could enhance eco-tourism, improve access for conservation agencies and emergency services, and support sustainable economic development in the Mount Kenya region without compromising environmental protection.
On concerns surrounding the proposed Meru bypass road, the government said the road alignment has been designed to run along the edge of the forest and does not intrude into protected conservation areas. It added that the project will only proceed after all statutory approvals are obtained, including environmental impact assessments and licensing by the National Environment Management Authority (NEMA).
The respondents assured the court that all projects will comply with the Constitution, the Environmental Management and Co-ordination Act, the Forest Conservation and Management Act and other applicable laws before implementation begins. They argued that it would be premature for the court to halt projects that are still undergoing planning and regulatory processes.
Despite the government’s application for the petition to be dismissed, the court has maintained interim conservatory orders preserving the status quo. The orders prohibit any alleged surveying, excision, tree felling, land clearing or construction activities on the disputed site until the matter is fully heard and determined.
The Meru Environment and Land Court is expected to consolidate the current petition with related cases filed by conservation organisations and residents who are also challenging the proposed developments. The consolidated proceedings will determine whether the projects can proceed and whether the government has complied with constitutional and environmental safeguards governing the use of public forest land.
The case has attracted significant public interest as it pits the government’s infrastructure and tourism development agenda against environmental conservation concerns, with the court expected to determine how such competing interests should be balanced under Kenya’s constitutional framework.
