PS, KFS boss off the hook in contempt case over Imenti forest project row

By  David Muchui

Correspondent

Nation Media Group

Forestry Principal Secretary Gitonga Mugambi and Chief Conservator of Forests Alex Lemarkoko have survived contempt charges in a petition challenging the construction of a State Lodge, an airstrip and a golf course in Imenti forest.

This is after the Meru Environment and Land Court Judge Justice Oguttu Mboya dismissed the contempt application filed by activist Francis Awino over inadmissible evidence.

In his application dated June 24, 2026, Awino had cited the Attorney General, Kenya Forest Service (KFS), Environment Cabinet Secretary, National Land Commission (NLC), Speaker of the National Assembly and Speaker of the Senate for contempt, arguing that construction of the airstrip was ongoing against earlier conservatory orders.

However, the NLC, the Speaker of the Senate and National Assembly did not participate since they were not directly involved in the project.

In his affidavit, Mr Lemarkoko had indicated that no construction work was going on in Imenti forest.

Mr Awino had relied on photos and videos of the airstrip construction site as well as newspaper cuttings and social media posts to back his case.

However, on Wednesday, October 28, Justice Mboya declared the photographs and videos, supplied by the applicant, inadmissible due to a lack of electronic certificates.

"Higher courts have made it clear that unless the author of the newspaper article or social media post swears an affidavit or attends court for cross-examination, they remain hearsay. No affidavit was provided and therefore the newspaper cuttings and social media posts are inadmissible," Justice Mboya ruled.

The Judge observed that the applicant's affidavit had also relied on information from sources who did not swear affidavits.

"This court was only supplied with the applicant's affidavit which was based on information received from other sources. An affidavit shall be based on knowledge - you must disclose the source and generate an affidavit," Justice Mboya said.

As a result, the court concluded that the annexed documents were unable to underpin the motion for contempt against PS Mugambi and Mr Lemarkoko.

"Therefore, the applicant has not discharged the burden of proof to warrant a finding of guilt against the Principal Secretary for Environment, Climate Change and Forestry and the Chief Conservator of Forests," the Judge ruled.

Justice Mboya issued the ruling ahead of a two-day hearing of five consolidated petitions challenging the construction of an airstrip, state lodge and golf course in Imenti forest.

The hearings are slated for Wednesday and Thursday.

Earlier, the court granted conservatory orders in the five petitions separately filed by activist Awino, Lawyer Mugambi Imanyara and four others, the East African Wildlife Society, the Green Belt Movement, and Meru Forest Conservation Forum.

The respondents include the County Government of Meru, NLC, KFS, the Environment Cabinet Secretary, National Environment Management Authority (Nema), the Speaker of the National Assembly, the Speaker of the Senate and the Attorney General.

Katiba Institute is listed as an interested party.

The petitioners argue that the proposed development threatens a gazetted public forest which serves as a critical water catchment area, biodiversity habitat and environmental resource for the people of Meru County and Kenya at large.

They argue that the proposed developments violate the Environmental Management and Conservation Act, the Constitution, the Convention on Biological Diversity and the Paris Agreement.

The applicants also argue no public participation was conducted, neither has the National Assembly and the Senate approved the annexing of forest land.

“The Respondents have failed to disclose Environmental Impact Assessment reports, feasibility studies, approvals, maps, acreage surveys and other statutory documents relating to the project. The proposed development threatens to cause irreversible environmental degradation and destruction of forest resources." Petitioners told the court.

The petition was earlier slated for hearing on September 28 and September 29 but was postponed after the chief witness was hospitalised.

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