Lenku to appear for contempt hearing as court bars county from taking over Amboseli National Park

The main entrance to Amboseli National Park in Kajiado County. [File, Standard]

The High Court has for the second time barred the Kajiado County Government, Governor Joseph Ole Lenku and all persons acting on the county's behalf from taking over, managing or interfering with the operations of Amboseli National Park pending the hearing of a contempt application.

In fresh orders issued on Sunday, Justice Gregory Mutai certified as urgent a contempt application filed by petitioner Joseph Kasau Masaa and restrained Kajiado County, Governor Ole Lenku, its servants, agents, employees and any other persons acting under its authority from entering, taking over or interfering with the management of the iconic national park pending the hearing of the application on July 24.

"Pending the hearing and determination of the Notice of Motion dated July 9, 2026, Kajiado County, whether by itself, its Governor Joseph Ole Lenku, its servants, agents, employees, assigns, or any person acting under its authority or on its behalf, be restrained from entering upon, invading, taking over, assuming control of, interfering with the operations or management of Amboseli National Park, or in any manner whatsoever implementing, or purporting to implement, the Deed of Transfer dated October 15, 2025, in contravention of the conservatory orders issued by this Court in its ruling delivered on December 30, 2025," Justice Mutai ordered.

The judge directed that the respondents be served with the application within three working days and file their responses within seven days. The parties are also required to exchange skeleton submissions before the matter is heard on July 24.

The latest orders arise from a contempt application filed in an ongoing constitutional petition challenging the legality of transferring the management of Amboseli National Park from the National Government to the Kajiado County Government.

The dispute stems from Gazette Notices Nos. 15230 and 15231 published on October 24, 2025, together with a Deed of Transfer executed in October 2025, through which the National Government sought to hand over management of the world-famous park to the county government.

The proposed transfer was suspended in December 2025 after the High Court found that the petition raised substantial constitutional questions requiring determination before any handover could proceed.

In that ruling, Justice Bahati Mwamuye held that the management of national parks and wildlife is an exclusive function of the National Government under the Constitution and that Amboseli National Park is public land held in trust under Article 62(3).

"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 ruled.

Masaa argues that the transfer violates Articles 186 and 187 of the Constitution because the management and protection of national parks cannot be devolved through gazette notices or executive agreements. He further contends that the National Land Commission was unlawfully excluded from the process, Parliament never approved the transfer and there was no meaningful public participation.

The National Government and the Attorney General had challenged the High Court's jurisdiction, arguing that the dispute belonged before the Environment and Land Court. However, Justice Mwamuye dismissed the preliminary objection, holding that the petition primarily raises constitutional questions relating to the division of functions between the two levels of government.

Kajiado County defended the transfer, arguing that it was intended to address historical injustices suffered by the Maasai community and was undertaken pursuant to a Presidential directive after adequate stakeholder engagement and public participation.

However, Justice Mwamuye found that the petitioner had established an arguable constitutional case, observing that the exclusion of the National Land Commission, the absence of parliamentary approval and the reliance on gazette notices to effect the transfer raised serious constitutional issues.

He further held that public interest overwhelmingly favoured preserving the existing management framework because Amboseli National Park is a nationally and globally significant ecosystem.

In the contempt application, Masaa now argues that despite the conservatory orders issued in December 2025, Kajiado County and its officials, led by Governor Ole Lenku, have continued interfering with the management and operations of the park and have attempted to implement the disputed transfer before the constitutional petition is heard and determined.

He is seeking to have the county government and the officials involved cited and punished for contempt of court for allegedly disobeying the earlier conservatory orders.

Justice Mutai consequently issued fresh interim orders restraining Kajiado County, Governor Ole Lenku and all persons acting on the county's behalf from taking over or interfering with the management and operations of Amboseli National Park pending the hearing and determination of the contempt application on July 24.

The court further warned that any person who disobeys the orders will be liable to penal consequences.