The High Court in Narok has issued temporary orders stopping Nema from implementing closure order on the luxury Mara Ngenche Safari Camp in the world-famous Maasai Mara Game Reserve.
The owners of the tourist facility moved to court claiming that they have a legitimate fear that the establishment is in imminent danger of being closed.
They also wanted the court to issue conservatory orders restraining the government agency from interfering with the facility until their case is heard and determined.
Through their lawyer Mohammed Abdullahi, the application was certified as urgent on Monday.
In his ruling on Tuesday, Environment and Land court judge Justice Mohamed Kullow granted the camp the order of continuing operating and quashing the decisions, directives issued by Nema on September 17 to shut down of the operations of the facility.
“I hereby granted the applicant to apply for an order of prohibition directed at the respondent, its officers and any other authority acting on their instructions to close or otherwise shutdown the applicant’s camp or interfering with the normal operations of Mara Ngenche Safari Camp,” reads part of the order.
He directed the applicant to file and serve the substantive motion within 21 days. The respondents are directed to file their response within 21 days thereafter.
The case will be mentioned on October 22 for directions.
The respondent in the case is Nema.
Last Thursday, Nema closed the camp for allegedly blocking the migration of wildebeest trying to cross the river in the park.
Authority’s chairman John Konchellah said the camp will immediately close all operations until a full environmental impact assessment study is done to determine the suitability of the camp at the confluence of the Talek and Mara rivers.
He ordered the camp to immediately remove two structures in the riparian area.
Konchellah said the camp opened in 2011 with six tents but lacked the required environmental impact assessment.
On September 8, Tourism Cabinet Secretary Najib Balala and Narok Governor Samuel Tunai discussed the Mara Ngenche Safari Camp built beside the Mara River.
Balala said the camp was blocking the wildebeest crossing.
“It's very disturbing and we expect the governor to have the camp removed,” he said.
