The High Court of Kenya has temporarily stopped the transfer of Amboseli National Park to the Kajiado County Government pending the hearing and determination of a constitutional petition challenging the legality of the move. The decision was issued in late November 2025 after concerns were raised that the planned handover could violate constitutional provisions governing public land and national conservation assets.
The court issued conservatory orders freezing the implementation of the transfer, which had been formalized through government notices and a deed of transfer in October 2025. The orders maintain the status quo while the court examines whether the process complied with constitutional requirements and statutory safeguards.
The petition was filed by a private citizen who argued that Amboseli National Park is public land held in trust by the national government under Article 62 of the Constitution. According to the petition, national parks fall under the mandate of the national government and cannot be transferred to county governments through executive action alone without clear constitutional and legislative backing.
In granting the interim orders, the High Court stated that “statutory mechanisms cannot shield allegedly unconstitutional executive action,” noting that the issues raised required full judicial scrutiny. The court observed that the case presents serious questions relating to the doctrine of public trust and the protection of nationally significant conservation areas. It further stated that allowing the transfer to proceed before the case is heard could result in irreversible constitutional and environmental consequences.
Under the proposed arrangement, Kajiado County was expected to take over day to day management of Amboseli National Park, including tourism services and community engagement, while the Kenya Wildlife Service retained land ownership and oversight responsibilities. The agreement also included revenue sharing arrangements between the national and county governments.
Amboseli National Park is one of Kenya’s most important wildlife conservation areas and a major tourism destination. The park generates significant revenue annually and supports livelihoods within surrounding communities, making its governance a matter of national economic and environmental interest.
Both the national government and Kajiado County defended the transfer, saying it was lawful and intended to enhance local participation in conservation and tourism management. They argued that the arrangement did not amount to a transfer of ownership but rather a devolution of certain management functions. However, the court ruled that these arguments must be tested through a full hearing.
The petition also questioned the absence of the National Land Commission in the transfer process despite its constitutional role in managing public land. The court noted that the involvement of constitutionally mandated institutions was a key issue that would be examined during the substantive hearing.
The matter is scheduled to be mentioned again in February 2026, when the court is expected to give directions on the hearing and determination of the petition. Until then, management of Amboseli National Park will remain unchanged.
