Nairobi — A Kenyan environmentalist who sued to block the opening of a new Ritz-Carlton Safari Lodge in the Maasai Mara, arguing it obstructed a vital wildebeest migration corridor, has applied to withdraw the case.
No explanation for the withdrawal was provided in the notice filed in court on December 17 by the petitioner's legal team.
The activist, Meitamei Olol Dapash of the Institute for Maasai Education, Research and Conservation (MERC), filed the lawsuit in August against Ritz-Carlton, its owner Marriott International, the project's local developer Lazizi Mara Limited, and Kenyan authorities.
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The petition sought to halt the scheduled opening of the luxury lodge, alleging it blocked a key wildlife passage between Kenya's Maasai Mara and Tanzania's Serengeti.
In court filings, Dapash said the camp obstructed a crucial migration corridor used by wildebeest, whose annual movement is essential for access to grazing and for maintaining genetic diversity among herds.
"The Petitioner herein wishes to withdraw the entire suit instituted by way of petition dated 8th August 2025 with no orders as to costs," Dapash's lawyers said in a filing to the Environment and Land Court in Narok.
The matter, before Justice Lucy Gicheru, received the notice of withdrawal on Wednesday morning.
However, Lazizi Mara Limited, the third respondent, opposed the request to withdraw the case without consequences, urging the court to sanction the petitioner for what it said was reputational damage caused by six months of adverse publicity following the filing of the petition.
The company asked the court to make a substantive ruling that would clear its name of the allegations.
The petition had raised concerns that the Ritz-Carlton Masai Mara Safari Camp was built unlawfully, undermined indigenous communities, and was constructed during a moratorium on new lodges in sensitive areas of the reserve.
It also alleged a lack of adequate public participation.
Dapash's lawyers told the court that the concerns raised which they described as part of a fact-finding mission had since been "addressed sufficiently," adding that proceeding with the case would not be in good faith.
Lazizi Mara, through its lawyers, rejected that position, saying the resort had suffered negative publicity and insisting the court should determine whether the allegations were valid.
The Law Society of Kenya and the East African Wildlife Society had earlier sought to be enjoined as interested parties in the case.
In a statement issued on Nov. 27, Lazizi Mara Limited said the dispute was under active litigation in Environment and Land Petition No. E003 of 2025 and that it had submitted comprehensive evidence to the court.
The company said it had provided correspondence with Narok County dating back to 2023.
It also provided the lease agreement, an Environmental Impact Assessment (EIA) report with evidence of public participation, and confirmations from the National Environment Management Authority (NEMA) and the county government that due process was followed.
Lazizi Mara also said The Ritz-Carlton was neither the owner nor the operator of the facility, describing itself as the developer and operator of the project.
It said at the time, it would refrain from public debate while court proceedings continued and cited delays by the petitioner in serving all respondents as a factor that prolonged the case.
"Lazizi Mara Limited remains confident in the judicial process and will continue to comply fully with the law," the statement read.
The Kenya Wildlife Service (KWS) has also dismissed claims that the lodge obstructs a migration corridor.
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In a separate statement, KWS said the camp lies within a "designated tourism investment low-use zone" under the Maasai Mara National Reserve Management Plan 2023-2032.
According to KWS, GPS collar data collected between 1999 and 2022 from dozens of migratory wildebeest show that migration corridors remain intact and are not disrupted by the camp's presence.
The agency said all required EIAs and regulatory approvals were secured before construction began and that the lodge does not interfere with protected habitats or known migration routes.
Narok County Government and the developers have previously described the allegations as "unfounded, malicious and self-serving," saying the project complied with zoning, environmental and leasing requirements.
The court has yet to rule on whether the petition can be withdrawn without costs or other consequences.
