Court paves way for fencing of Kaptagat Forest

Locals living near Kaptagat Forest during a meeting at Mokwo. [File, Standard]

Fencing of Kaptagat Forest will proceed after the exercise was temporarily halted by a court order last week.

The Environment and Land Court in Iten had slammed the brakes on the fencing pending an application by five individuals opposing the project.

But on Thursday, Justice Boaz Olao lifted the orders issued on July 15, 2026, restraining the Kenya Forest Service (KFS) and its agents from fencing the ecosystem.

Olao had directed KFS to halt fencing in all the forest's blocks, including Kaptagat, Sabor, Penon, Kessup and Kipkabus.

Upon hearing both parties in the application filed by Gilbert Cheruiyot, Martin Kipkoech and three others seeking to stop the fencing of Kaptagat Forest, the court lifted the orders, paving the way for implementation of the project which had kicked off on May 11, 2026.

Cheruiyot and Kipkoech had told the court that KFS had not conducted public participation and that the Environmental and Social Impact Assessment was not done before the 270-kilometre electric fence around the forest commenced two months ago.

KFS however, filed an application seeking to set aside the orders issued on July 15, 2026, which stopped the fencing.

The KFS also sought a preliminary objection challenging the jurisdiction of the Court to hear the matter. 

Local communities through the Community Forest Associations (CFAs) from different blocks made an application to be enjoined in the suit. 

The community was directed to file its response to the issues before the court. 

Justice Olao directed all parties to file their respective written submissions on the preliminary objection challenging the jurisdiction of the Court, which was filed by the Attorney General on behalf of KFS. 

The matter will be mentioned on October 1, 2026, to confirm compliance with the court's directions and to obtain a set date for the ruling on the preliminary objection.