Court bars KFS from Nakuru Golf Club land

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The Environment and Lands Court in Nakuru has issued conservatory orders restraining the Kenya Forest Service (KFS) and its agents from trespassing onto land owned by Nakuru Golf Club, in a dispute over alleged encroachment and illegal tree felling.

The court granted an interim injunction prohibiting KFS, Mejooli Investment Limited, Samson Masikonte, and Erastus Mugo, their officers or agents, from entering the disputed property, cutting down trees, or undertaking any activity that interferes with the club’s quiet and peaceful enjoyment of the land pending the hearing and determination of the suit.

Mejooli Investment Limited, as per the suit filed by the Club, won a bid for purchasing forest plantation materials from KFS.

Masikonte is the director of Mejooli Investment Limited. Mugo is a forester allegedly working with the company and its director to cut down trees in the Club’s property.

The Club, through lawyer Kipkoech Ng’etich, maintains that it is the lawful registered proprietor of land parcel Nakuru Municipality/Block 20/19, measuring approximately 73.25 hectares, having been issued with a certificate of lease on March 30, 2007, granting it full ownership rights under the Land Registration Act and the Constitution.

It maintains that it has enjoyed peaceful and uninterrupted possession of the property for years until 2025, when the respondents allegedly encroached on the land and began felling trees without lawful authority.

The contested area is located near the boundary shared with Menengai Forest Station and is said to be adjacent to holes 2, 15, and 17 of the golf course. The club argues that this section forms part of its property, despite claims by the respondents that their jurisdiction extends beyond an electric fence erected along the forest boundary.

Court documents indicate that the dispute may have been triggered by a tender process initiated by KFS in 2025 for the sale of forest plantation materials from Menengai Forest Station. A successful bidder was reportedly authorised to harvest mixed species of trees after paying Sh396,280.60.

However, the golf club alleges that in executing the tender, the respondents unlawfully crossed into its land and harvested trees, falsely claiming that the boundary extended several metres beyond the electric fence into the club’s property.

The Club contends that the actions have caused significant damage, not only to the environment but also to the value and integrity of the golf course. It says members who pay to use the facility have been adversely affected by the destruction of trees and alteration of the landscape.

Further, the club argues that the continued felling of trees has led to environmental degradation,  undermining the ecological balance of the area and violating its right to a clean and healthy environment as guaranteed under the Constitution.

The petition also raises concerns over the alleged use of armed rangers to supervise the tree harvesting and transportation, describing the conduct as unlawful, intimidating, and an abuse of power by state agents.

The Golf Club claims that the actions of KFS, the company, and its director amount to a violation of its constitutional right to property under Article 40, which protects individuals and entities from arbitrary deprivation of their property.

It further argues that the actions contravene provisions requiring all state organs and persons to respect, uphold, and defend the Constitution.

Additionally, the club cites breaches of constitutional obligations imposed on state agencies to observe, respect, protect, and promote fundamental rights and freedoms, including environmental rights.

The club is now seeking a declaration that its rights have been violated, as well as orders to permanently restrain the respondents from interfering with the property.