NAIROBI, Kenya Jul 30 – The High Court has issued conservatory orders suspending the proposed project at Imenti State Lodge pending the hearing and determination of a constitutional petition challenging its legality and environmental impact.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 should the petitioners ultimately succeed.The petition was filed by activist Francis Awino together with three other petitioners, who argue that the project violates constitutional safeguards on environmental protection, public participation, fair administrative action and the management of public land.The judge observed that construction had already commenced, warning that continued implementation could fundamentally alter the environment and make 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 ruled.The court further found that declining to grant conservatory orders would effectively deny the petitioners meaningful access to justice, as any eventual victory would be rendered meaningless if the project were completed before the case is heard.In reaching its decision, the court invoked 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 constitutional questions raised in the petition are fully determined.Consequently, the court allowed the Notices of Motion dated June 8 and June 26, 2026, suspending the implementation of the contested project and any related actions by the State pending the hearing and determination of the petition.The judge emphasized that the conservatory orders were necessary to safeguard constitutional values, including environmental protection under Articles 10 and 69 of the Constitution.According to the petitioners, the proposed development threatens to violate Articles 10, 42, 47, 62, 69 and 70 of the Constitution, which guarantee environmental rights, public participation, fair administrative action and proper management of public land.They argue that public forests are public land held in trust for present and future generations and that the State has a constitutional duty to conserve and protect them from degradation.The matter is scheduled for hearing on September 28, 2026, when the court will consider the substantive constitutional issues raised in the petition.