https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5009

 **REPUBLIC OF KENYA** **IN THE ENVIRONMENT AND LAND COURT AT MERU** **ELCEP PETITION NO. E003 OF 2026** **EAST AFRICA WILDLIFE SOCIETY..........................PETITIONER** **=VERSUS=** **ATTORNEY GENERAL....................................1ST RESPONDENT** **THE NATIONAL ASSEMBLY............................2ND RESPONDENT** **THE SENATE.................................................3RD RESPONDENT** **THE CABINET SECRETARY, MINISTRY** **OF ENVIRONMENT, CLIMATE CHANGE &** **FORESTRY...................................................4TH RESPONDENT** **KENYA FOREST SERVICE..............................5TH RESPONDENT** **THE NATIONAL LAND COMMISSION..............6TH RESPONDENT** **RULING** **[EX-TEMPORE]** 1. Through this petition, the petitioner has challenged the constitutionality of the recent amendments to **The Forest** **Conservation and Management Act**. They seek declarations annullying the said amendments, among other reliefs. For reasons known to the petitioner, they elected to file the petition at Meru Environment and Land Court, in Meru County. 2. The petitioner is a non-governmental organisation based in Karen, Nairobi. The 1st respondent is a constitutional state officer domiciled at Sheria House, Nairobi. The 2nd and 3rd respondents jointly constitute an Arm of Government and have their offices in Nairobi. The 4th respondent is a state officer in the Executive Arm of Government and is responsible for Forests, Climate Change and Environment. She has her office in Nairobi. The same applies to the Kenya Forest Service and the National Land Commission in terms of the locations of their principal offices. **­** 1. Informed by the above factual background which is in public domain, the Court invited the petitioner to justify their decision to drag the respondents to Meru Environment and Land Court , some 230 kilometers away from their principal offices yet there is an Environment and Land Court in Nairobi with about 8 Judges. Among other reasons, the petitioner has informed the Court that the jurisdiction of the Environment and Land Court is not geographical and is not limited to any single County. The petitioner has also submitted that the impugned amendments affect forests all over the Country. 2. On their part, the respondents have submitted that this petition should be transferred to Nairobi. They have pointed out that there subsists a prior petition at Milimani Environment and Land Court [Nairobi] seeking similar reliefs, to wit, **Milimani ELCEP Petition No E033 of 2026**. They have emphasized that there is the danger of different Environment and Land Court Judges issuing conflicting orders over the same issue. 3. The Court has considered the submissions tendered by the parties. The petitioner has not demonstrated in any way that any of the respondents has a principal office in Meru County. All the respondents have their principal offices in Nairobi. All the respondents are public institutions that are funded by the Kenyan taxpayer through the National Exchequer. The burden of accommodating and ferrying their agents to Meru Environment and Land Court will be borne by the Kenyan taxpayer through the National Exchequer. This will be the scenario in a context where there exists an Environment and Land Court at Milimani resourced by the Kenyan taxpayer through the National Exchequer. 4. Secondly, it has emerged that there subsists a preceding petition at Milimani Environment and Land Court, seeking similar reliefs, to wit, **Milimani ELCEP Petition No E033 of 2026**. The said prior petition is scheduled for hearing of an application for interlocutory reliefs on 29/9/2026. There is, therefore, real danger that if the same issue is adjudicated by different Environment and Land Court Judges, the different Judges may issue conflicting orders and thereby expose the justice system to disrepute. This will undoubtedly erode public confidence in the justice system. 5. For the above reasons, this Court is satisfied that this petition should be transferred to the Environment and Physical Planning Division of the Environment and Land Court at Milimani for disposal alongside Milimani ELCEP Petition No E033 of 2026. It is so ordered. 6. The matter shall be listed for mention before the Environment and Land Court Deputy Registrar at Milimani on 10/8/2026. The Deputy Registrar shall list the petition for directions before Angote J, who is said to be seized of Milimani ELCEP Petition No E033 of 2026. **DATED, SIGNED AND DELIVERED VIRTUALLY AND EX-TEMPORE AT MERU THIS 28TH DAY OF JULY, 2026.** **B M EBOSO [MR]** **ELC JUDGE** **In the Presence of:** Ms Gitari for the Petitioner Ms E. Wairimu holding brief for Mr Obura for the 1st, 4th and 5th Respondents Ms Patricia Otieno holding brief for Mr Mbarak for the 2nd Respondent Ms Jara for the 3rd Respondent Mr. E. Tupet – Court Assistant