NAIROBI, Kenya, Dec 18 – The Environment and Land Court has declined to allow the withdrawal of a constitutional petition challenging the Mara-Ritz development.
In a ruling delivered by Justice Lucy Gacheru, the court agreed with submissions by Lazizi Developers that the matter should proceed to its logical conclusion and be determined on its merits.
Justice Gacheru rejected a Notice of Withdrawal filed by the petitioner, holding that the issues raised—particularly allegations relating to the blocking of a wildebeest migratory corridor in the Maasai Mara ecosystem—are matters of public interest that cannot be terminated without full judicial interrogation.
The Judge noted that while the Mutunga Rules grant a petitioner discretion to seek withdrawal of a constitutional petition upon notice to the Court, such withdrawal is not automatic.
The Court retains discretion to allow or disallow withdrawal, especially where broader public interest considerations arise.
In opposing the withdrawal, Senior Counsel Kiragu Kimani, appearing for Lazizi Developers, submitted that his client had complied with all regulatory and statutory requirements but had nonetheless been vilified nationally and internationally following the filing of the petition.
He argued that Lazizi wished to have the matter heard to its logical conclusion so that it could be either exonerated or held accountable through a formal judicial process rather than through public opinion.
Justice Gacheru agreed, observing that the Petition had already generated widespread national attention, with the Respondents indicating that they only became aware of the proceedings through social media despite the matter having been filed in August.
The Court further held that the allegations raised by the petitioner touched on environmental conservation, wildlife migration, and sustainable development, issues that transcend private interests and fall squarely within the realm of public interest litigation.
As such, the Court stated that it must be satisfied that any withdrawal would not amount to an abuse of the court process.
“Given the nature of the concerns raised and the level of public interest generated, this Court will not allow the notice of withdrawal,” Justice Gacheru ruled, directing that the Petition proceed to full hearing and determination on the merits.
In addition, the Court allowed the joinder of the Law Society of Kenya and the East Africa Wildlife Society as Interested Parties, noting that any other party with a legitimate interest in the matter may apply for joinder.
Addressing the conduct of the proceedings, the Court urged Lazizi Developers to abandon contempt applications arising from public commentary on the dispute and instead focus on the substantive hearing of the Petition.
The ruling clears the way for the high-profile dispute surrounding the Mara/Ritz development to be conclusively resolved by the Court, with Justice Gacheru emphasizing that matters already ventilated in the court of public opinion should ultimately be settled in a court of law.
