The Narok Environment and Land Court has struck out a petition filed by the East Africa Tour Guides Drivers Association seeking orders to stop the establishment of the luxury safari camp, JW Marriott Mara Safari Camp, in the Maasai Mara.

In striking out the petition against Ritz-Carlton Company LLC and Marriott International Inc., Justice Lucy Gacheru on Thursday, July 2, 2026, stated that, according to the documents before the court, the development of the Safari Camp has been completed and is operational.

Further, Judge Gacheru avers that it is equally evident that the project was undertaken pursuant to licences, approvals and permits issued by the relevant statutory authorities in exercise of their respective statutory mandate.

She also pointed out that the orders sought by the association in the application would not just keep the petition’s issues intact; instead, they would halt a project that is already finished and running, effectively granting the same outcomes the petition is asking for before the court has even looked at the case.

“This Court is persuaded that by the time the petition was filed, the said Safari Camp was in operation, and the orders sought have been overtaken by events; and courts do not issue orders in vain,” Justice Gacheru ruled.

“The allegations that the project was undertaken without adequate public participation, that it threatens wildlife migration corridors, that the Environmental Impact Assessment process was unlawful and that the respondents acted in violation of constitutional and statutory provisions are all vigorously disputed by the respondents,” the judge added.

Documents supporting Maasai Mara project

Judge Gacheru also noted that the respondents have placed before the court various approvals, licences, environmental reports and compliance documents in support of the legality of the project from Narok County, the National Environment Management Authority (NEMA) and others.

“Consequently, the entire petition and the notice of motion application dated January 5, 2026, and any other application thereto are struck out with costs to the respondents, for the court’s want of jurisdiction and for failure by the petitioner (Association) to exhaust the available dispute resolution mechanisms provided by the relevant applicable statutes,” Judge Gacheru ruled.

In the application, the association urged the court to restrain Lazizi Mara Limited, Ritz-Carlton Company LLC and Marriott International Inc. from conducting any further operations, development, or alteration of the land and structures known as the “Ritz-Carlton Mara Safari Camp” along the Sand River.

Further, the petitioner (the association) sought an order blocking the advertising, marketing, receiving bookings for, or operating any commercial tourism activities at the said lodge until their application is heard and determined.

The association also sought orders shielding its members or any other person accessing the Sand River wildlife corridor from harassment, intimidation and interference by the owners of the luxurious facility.

The application was supported by a sworn affidavit of the association’s CEO, Kennedy Kaumba, who averred that the development and operationalisation of the luxurious facility had obstructed the ancient migration route used by approximately 1.5 million wildebeest, zebras, gazelles, elephants and other wildlife species, thereby fragmenting wildlife habitat and causing irreversible ecological damage.