The Environment and Lands Court has temporarily stopped the construction of a road through Ngong Road Forest and a controversial eco-lodge project within the forest dealing a major setback to infrastructure works linked to Talanta Sports City.
In orders issued by Justice Grace Kemei, the court directed that all excavation, tree felling, land clearance and construction works at the proposed eco-lodge site in the Sanctuary Block of Ngong Road Forest and along the Bomas-Talanta road corridor be stopped until the case is heard and determined.
The orders came from a petition filed by the Law Society of Kenya (LSK), the Green Belt Movement and public interest litigation group JustAct, stopping the Kenya Urban Roads Authority (KURA), Kenya Forest Service and private developer Konyon Company Limited from further construction works in the forest.
The petitioners also listed the Attorney General, National Environment Management Authority (NEMA) and Kenya Railways Corporation as respondents in the matter.
“A conservatory order be and is hereby issued staying and restraining the respondents whether by themselves, their servants, agents, employees, contractors or any person acting under their authority, from any further excavation, tree-felling, land clearance, or construction works of any kind at the eco-lodge site operated by Konyon Company within the Sanctuary Block of Ngong Road Forest, and the Bomas-Talanta road corridor within Ngong Road Forest,” Justice Kemei ruled.
The court decision comes amid mounting public outrage over continued encroachment and destruction of one of Nairobi’s remaining indigenous urban fortes, threatening biodiversity, wildlife movement, water catchment and climate resilience.
The court also stopped the respondents from removing the Sanctuary Block electric fence.
The petition challenges what the environmental and rights groups termed as a continuing and cumulative pattern of unlawful excision, encroachment, and threatened encroachment upon the forest.
The petitioners alleged that government agencies have systematically bypassed constitutional and statutory environmental approvals to push through development projects without public participation, environmental impact assessments, lawful authorisation or adherence to the Ngong Road Forest participatory Forest Management Plan.
Among the orders sought, the petitioners want the court to declare that the respondents violated constitutional rights to a clean and healthy environment, quash any approvals issued for the eco-lodge, prohibit further construction until all legal requirements are met and compel ecological restoration of any disturbed sections of the forest.
They are also seeking continued court supervision over compliance with future orders.
According to the petition, heavy machinery entered Ngong Road Forest in early July to clear sections of the forest for the construction of the Bomas-Talanta road, following the government’s plans to improve access to Talanta Sports City.
The petitioners argued that while President William Ruto publicly announced the project, all the legal processes must be adhered to before construction begins.
They further claimed that KURA had already awarded the road contract before the presidential announcement, arguing that the project was committed without the environmental authorisations and public participation required by the law.
The petition also challenged the legality of an eco-lodge under construction within the Ngong Road Forest.
According to court documents, Konyon Company Limited applied for a Special Use License in November 2024 to establish a commercial eco-lodge and wellness retreat within the forest.
The petition states that although KFS approved the application and granted early entry for construction, NEMA had not issued an Environmental Impact Assessment (EIA) license after finding gaps in the project’s environmental assessment and requiring further public participation and additional information.
The petitioners raised concerns over gradual encroachment on the forest with court documents showing that it has already lost over 57 per cent through 17 recorded excisions between 1933 and 1978
Originally gazetted in 1932 at approximately 2,850 hectares, the forest has been reduced to about 1,224 hectares following multiple excisions.
They further alleged that another 71 hectares could be lost through the Talanta Sports City development, the proposed road, the eco-lodge, a contractors’ camp and a planned railway line, representing an additional 5.8 per cent reduction in the forest’s current size.
In a joint statement, the Green Belt Movement and JustAct welcomed the court’s decision, saying it protects Ngong Road Forest.
"This case is not about opposing development. Kenya needs modern infrastructure to support economic growth and national priorities. However, development must be undertaken in a manner that respects the Constitution, environmental laws and the rights of present and future generations to a clean and healthy environment," the statement read.
They emphasized that the ecological benefits of the forest cannot easily be replaced once lost and said that permitting the destruction or commercial development of protected public forests would contradict the government’s ongoing campaign to plant 15 billion trees by 2032.
"At a time when Kenya is promoting ambitious tree-growing and landscape restoration programmes, including the 15 billion trees initiative, it would be contradictory to permit the destruction or commercial development of protected public forests where viable alternatives exist," the statement added.
The court has granted respondents 14 days to file their replying affidavits pending the ruling scheduled for September 16, 2026 on whether development can proceed.
