Nairobi — The Environment and Land Court has nullified licences issued for the development of a private golf range and restaurant within Ngong Road Forest, citing violations of constitutional requirements on environmental protection and public participation.
In a judgment delivered on February 26 in a case filed by the Law Society of Kenya against Karura Golf Range Limited and seven others, the court quashed both the Special Use Licence issued by the Kenya Forest Service and the Environmental Impact Assessment (EIA) licence granted by the National Environment Management Authority.
The project had sought to establish a golf range, restaurant and mini-golf park within the Miotoni Block of the gazetted forest.
The court ruled that the EIA process failed to meet statutory requirements, particularly on meaningful public participation.
Keep up with the latest headlines on WhatsApp | LinkedIn
"The EIA report did not specify any dates scheduled for such public meetings or for the distribution of questionnaires," the judge observed, adding that the limited public engagement undertaken did not meet the threshold of purposive and meaningful participation.
As a result, the court declared the licences "invalid, null and void ab initio" and issued orders quashing both approvals. Regulators were also barred from reinstating the licences.
The approvals had sparked public outrage in late 2024 after it emerged that a private developer had secured clearance to operate within the forest. Critics raised concerns over alleged opacity in the licensing process and the environmental risks of commercial activity inside a public forest reserve.
Regulators later suspended the licences pending further ecological and risk assessments, particularly due to the project's proximity to critical pipeline infrastructure.
The ruling comes amid renewed scrutiny over alleged encroachment on forest land. On Tuesday, Friends of Karura Forest petitioned President William Ruto to intervene in a dispute with KFS over the alleged construction of National Youth Service housing units within Karura Forest.
The lobby group has urged the President to halt the construction and restore inclusive decision-making in forest management, arguing that it was neither informed nor consulted despite its legal mandate under existing joint management agreements.
