A legal dispute has stalled the planned transfer of management of Amboseli National Park from the national government to the Kajiado County administration, amid claims that the move violates the Constitution and endangers a key national asset.
The petition, filed by Joseph Kasau Masaa against Cabinet Secretary for Tourism and Wildlife, Kajiado County, and other state agencies, argued that the transfer was rushed, unlawful, and threatened a nationally protected asset held in trust by the state.
The High Court dismissed an attempt by Cabinet Secretary and the Attorney General to strike out the case and instead issued conservatory orders freezing the gazetted handover pending a full hearing.
The court ruled that the dispute raised constitutional questions that could not be dismissed at a preliminary stage.
‘It is not the mere mention of land or environment that ousts the jurisdiction of the High Court,’ the court said while sitting at the Constitutional and Human Rights Division.
Central to the dispute are two Gazette Notices issued in October 2025 and a deed of transfer that sought to shift the park management to Kajiado.
Under the agreement, the county was expected to manage the park while the Kenya Wildlife Service (KWS) still holds the title. Revenue would be collected via the e-Citizen platform, with a 50/50 split between national and county governments.
The Amboseli Ecosystem Conservation Authority (AECA), a semi-autonomous management authority, is set to take over the management of Amboseli National Reserve once it is transferred back to Kajiado County government.
The county government anticipated millions of shillings in annual revenues, since KWS rakes in at least Sh1.5 billion every year from park collections and related tourism activities.
However, the petitioner contends that Amboseli is public land under Article 62 of the Constitution and that national parks fall under exclusive national government control.
He argued before the court that wildlife and national park management is a national function under the Fourth Schedule and cannot be devolved through executive agreements or gazette notices without parliamentary approval.
The petition further alleges that the National Land Commission was excluded from the process despite its constitutional mandate over public land.
‘The transfer effectively converts a national park into community land without parliamentary sanction, undermining the doctrine of public trust and equitable sharing of resources,’ the petitioner stated.
The court agreed that the alleged omission raised serious legal questions warranting a full trial.
Additionally, the petitioner argued that the transfer undermines environmental protection, the doctrine of public trust, and Kenya’s national and international conservation obligations.
‘The transfer effectively downgrades a national park to a county-managed reserve without compliance with statutory safeguards under the Wildlife Conservation and Management Act, exposing a globally significant ecosystem to irreversible harm,’ he said.
The government and Kajiado County defended the transfer as lawful, stating that it aimed to address historical injustices faced by the Maasai community and enhance local participation in conservation. They maintained that only management functions, not ownership, were being transferred.
However, Justice Mwamuye ruled that these arguments could not override constitutional safeguards at an interim stage. ‘Statutory mechanisms cannot shield allegedly unconstitutional executive action,’ the judge stated.
The petitioner warned that assigning park revenues to a single county would undermine equitable sharing of national resources and risk irreversible harm to the ecosystem if governance standards weaken.
In granting conservatory orders, the court emphasised that public interest required maintaining the status quo.
‘Keeping the park under existing management causes no prejudice, whereas proceeding with the transfer risks irreversible constitutional harm,’ the ruling stated.
The case will be mentioned on February 4, 2026.
The national government in 2005 proclaimed the transfer of Amboseli back to Kajiado County as provided for in Article 187 of the Constitution. The proclamation was however not acted on until 2004 when President William Ruto ordered its implementation.