Court halts transfer of Amboseli National Park to Kajiado County

Elephants in Amboseli National Park. Court declares that management of national parks and wildlife is expressly vested in the national government. [File, Standard]

President William Ruto has suffered another setback after the High Court suspended the controversial transfer of management functions of Amboseli National Park from the National Government to the Kajiado County Government.

Justice Bahati Mwamuye issued conservatory orders halting the implementation of Gazette Notices Nos. 15230 and 15231, published on October 24, 2025, and a Deed of Transfer dated October 14, 2025, pending the full determination of a petition filed by Joseph Kasau Masaa.

In his ruling, Justice Mwamuye emphasised that conservatory orders are not granted solely on the basis of irreparable harm, but on the inherent merit of a case, taking into account public interest, constitutional values and proportionality.

The petitioner challenged the transfer on grounds that it violated the Constitution, arguing that management and protection of national parks is an exclusive national function that cannot be devolved through gazette notices or executive agreements.

The court agreed that serious constitutional questions had been raised.

“Management of national parks and wildlife is expressly vested in the National Government under Part I of the Fourth Schedule, and Amboseli National Park is public land held in trust under Article 62(3),” Justice Mwamuye stated.

The National Government and the Attorney General raised a preliminary objection, arguing that the High Court lacked jurisdiction and that the dispute belonged before the Environment and Land Court. However, the judge rejected the objection, holding that jurisdiction depends on the dominant issues raised, not the mere mention of land or environment.

He found that the petition primarily raised constitutional questions concerning the distribution of functions, intergovernmental agreements, management of public land, and the legality of executive action through gazette notices.

Kajiado County defended the transfer, citing historical injustices against the Maasai community, a presidential directive, and public participation. However, the petitioner argued that the National Land Commission was excluded, statutory approvals were lacking, and public participation was inadequate.

“Exclusion of the National Land Commission, absence of parliamentary sanction, and reliance on gazette notices raise serious constitutional questions,” the court observed.

Justice Mwamuye said public interest favoured preserving the status quo, describing Amboseli as a nationally and globally significant ecosystem. The court ordered the restoration of previous management arrangements pending the full hearing of the petition.

“Maintaining the park under existing management causes no prejudice to the respondents, while proceeding with the transfer risks irreversible practical, legal and constitutional harm,” the ruling stated.

The preliminary objection was dismissed, with costs in the cause, and directions on the expedited hearing will be issued separately.