The Environment and Land Court in Iten, Elgeyo-Marakwet County has lifted temporary orders that had halted the fencing of the Kaptagat Forest, allowing the Kenya Forest Service (KFS) to resume the conservation exercise as the case continues before the court.
In a significant development, the court also allowed the Kaptagat community, through their respective Community Forest Associations (CFAs), to be enjoined in the proceedings, giving residents living around the forest an opportunity to formally present their views before the court.
Justice Boaz Olao vacated the conservatory orders issued on 15th July 2026 after hearing applications by all parties.
The case was filed by Gilbert Cheruiyot, Martin Kipkoech Cheruiyot and three other applicants seeking to stop the fencing of sections of Kaptagat Forest.
The applicants argued that there had been inadequate public participation and that an Environmental and Social Impact Assessment had not been undertaken before the fencing programme commenced.
In response, the Kenya Forest Service applied to have the temporary orders set aside and, through the Attorney General, raised a Preliminary Objection challenging the jurisdiction of the Environment and Land Court to hear the matter.
The court allowed the application by the Community Forest Associations to join the proceedings and directed them to file their responses on the issues before the court.
Following submissions from all parties, the court set aside the temporary orders that had restrained KFS, its agents and contractors from fencing or undertaking related activities within the Kaptagat Forest Ecosystem, which comprises the Kaptagat, Sabor, Penon, Kessup and Kipkabus forest stations.
The court also directed all parties to file written submissions on the Preliminary Objection challenging its jurisdiction.
The matter will be mentioned on 1st October 2026 to confirm compliance with the court’s directions and to take a date for the ruling on the Preliminary Objection.
The substantive issues raised in the petition remain pending before the court, while the Community Forest Associations will now participate in the proceedings on behalf of residents living around the Kaptagat Forest Ecosystem.
