High Court restrains Kajiado County from taking over Amboseli

The High Court of Kenya has issued an interim order restraining the Kajiado County Government and its officials, including Governor Joseph Ole Lenku, from taking over or interfering with the management and operations of Amboseli National Park. This prohibition will remain in effect pending the hearing and determination of an urgent application concerning alleged contempt of court. Justice Gregory Mutai certified the application as urgent, scheduling the hearing for July 24, 2026, and emphasized that the orders are intended to preserve previous conservatory orders issued on December 30, 2025, which had suspended the implementation of a Deed of Transfer concerning the park's management.

The High Court of Kenya recently intervened in a protracted dispute over the management of Amboseli National Park, issuing a temporary injunction that bars the Kajiado County Government and its leadership from assuming control or interfering with the park's operations. This significant ruling, delivered by Justice Gregory Mutai, underscores the judiciary's role in upholding the rule of law amidst inter-governmental tensions, particularly where previous court orders are alleged to have been disregarded. The interim order was prompted by an urgent application citing contempt of court, highlighting the serious implications of defying judicial directives.

The dispute centers on a Deed of Transfer, reportedly signed in November 2025, which aimed to transfer the management of Amboseli National Park from the national government to Kajiado County. However, this transfer had been previously suspended by conservatory orders issued by the High Court in December 2025, pending the determination of a substantive petition challenging its legality. The current court action, therefore, is not merely about park management but also about the sanctity of court orders and the delicate balance of powers between national and county governments in the conservation sector. This article will delve into the legal framework governing national parks in Kenya, the powers of county governments, and the critical role of contempt of court proceedings in resolving such high-stakes disputes.

Amboseli National Park boasts a rich history of conservation and has long been a focal point of contention regarding its management and the equitable sharing of its revenues. Initially formalized as a National Game Reserve in 1948, it was later elevated to a National Park in 1974, subsequently falling under the purview of the Kenya Wildlife Service (KWS). KWS, a state corporation established under the Wildlife Conservation and Management Act, 2013 (WCMA, 2013), is statutorily mandated to conserve and manage Kenya's wildlife, including national parks, reserves, and sanctuaries.

The advent of devolution under the Constitution of Kenya, 2010, and the County Governments Act, 2012, introduced a new dynamic to natural resource management. While county governments are assigned functions related to natural resources and environmental conservation, such as soil and water conservation and forestry, the management of national parks and wildlife remains largely an exclusive function of the National Government. This constitutional division of functions has often led to friction, particularly concerning revenue generation and control over protected areas located within county boundaries. The Maasai community, indigenous to the Amboseli region, has historically advocated for a greater role in the park's management and a larger share of its economic benefits.

In an attempt to address these long-standing grievances and to foster community-led conservation, President William Ruto signed a Deed of Transfer in November 2025, purportedly handing over the management of Amboseli National Park to the Kajiado County Government. This agreement outlined a phased revenue-sharing plan, commencing with a 50% share for the county in the 2026/2027 financial year, progressively increasing to 100% by 2028/2029. However, the legality of this transfer was swiftly challenged, leading to the High Court issuing conservatory orders on December 30, 2025, which suspended its implementation. The court, in that earlier ruling, noted that the petition raised substantial constitutional questions, including the fundamental issue of whether the management of national parks falls exclusively within the national government's mandate.

The High Court's latest order, issued by Justice Gregory Mutai on July 12, 2026, specifically reinforces the earlier conservatory orders of December 30, 2025. It explicitly restrains Kajiado County, Governor Joseph Ole Lenku, and their agents 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 14th October 2025." This reiteration of the injunction is a direct response to an urgent application alleging contempt of court, brought after Governor Lenku accused KWS of refusing to implement the presidential agreement on revenue sharing from July 1, 2026, and county officials were reportedly turned away from the park.

The essence of the current legal battle lies in the principle of contempt of court. While the High Court has not yet made a definitive finding of contempt, the certification of the application as urgent and the issuance of fresh restraining orders indicate a serious view of the alleged disobedience. Kenya's Contempt of Court Act, 2016 (Act No. 46 of 2016), defines civil contempt as the "willful disobedience of any judgment, decree, direction, order, or other process of a court or willful breach of an undertaking given to a court." The Act's objectives include upholding the dignity and authority of the court and ensuring the observance of due process. Penalties for contempt can include a fine not exceeding KES 200,000 or imprisonment for a term not exceeding six months, or both.

This case starkly illustrates the inherent tensions in Kenya's devolved governance structure, particularly concerning the management of high-value natural resources. The High Court's December 2025 ruling, which found that the management of national parks and wildlife is an exclusive function of the National Government under the Constitution, directly conflicts with the aspirations of Kajiado County and the Deed of Transfer. The presidential directive to transfer management, while politically significant, must ultimately align with the constitutional and statutory framework as interpreted by the courts. The court's firm stance emphasizes that political agreements, even those endorsed at the highest level, cannot override existing judicial orders or established legal mandates.

The ongoing dispute also highlights the broader challenges of balancing national conservation interests with local community benefits and county government autonomy. While the transfer was intended to resolve a long-standing dispute and empower local communities, the legal process has demonstrated that such significant shifts in management must adhere strictly to constitutional provisions and existing legislation, such as the Wildlife Conservation and Management Act, 2013. The intervention of the Senate Public Accounts Committee, which has summoned both KWS and Kajiado County to explain the disagreement, further underscores the multi-faceted nature of this inter-governmental conflict.

The High Court's interim order effectively maintains the status quo, ensuring that Amboseli National Park remains under the management of the Kenya Wildlife Service pending the resolution of the contempt application and the substantive constitutional petition. This decision serves as a crucial reminder of the judiciary's role in safeguarding the rule of law and upholding the integrity of its orders, even in the face of political agreements or inter-governmental disputes.

For legal practitioners, this case underscores several critical implications. Firstly, it highlights the paramount importance of respecting and complying with court orders, as any perceived defiance can lead to severe consequences under the Contempt of Court Act, 2016. Secondly, it illustrates the complex interplay between national legislation, constitutional devolution, and political directives in the management of natural resources. Attorneys advising county governments or national agencies on such matters must meticulously navigate these legal layers. All eyes will now be on the High Court on July 24, 2026, for the hearing of the contempt application, the outcome of which will not only determine the fate of Kajiado County officials but also set a significant precedent for future disputes over the management and revenue sharing of Kenya's invaluable protected areas.