The Ritz-Carlton hotel. Photo/Ritz-Carlton
By Newsflash Writer
In a major legal victory for the luxury hospitality giant, the Environment and Land Court has allowed the Ritz-Carlton to continue operating its JW Marriott Mara Safari Camp after dismissing a case challenging the project over alleged environmental concerns.
Justice Lucy Gicheru ruled that the East Africa Tour Guide Drivers Association lacked the legal standing to file the suit because it had failed to first present its complaints before the National Environment Tribunal, as required by law. The court therefore found it had no jurisdiction to hear the matter.
The ruling also addressed the substantive claims raised against the project, with the judge rejecting allegations that the Ritz-Carlton and Marriott International were responsible for environmental harm.
The court accepted expert evidence indicating that no gazetted, recognised or scientifically documented wildlife migration corridor passes through the project site. It further heard that the camp was designed with ecological buffers and open spaces, meaning it does not interfere with the annual wildebeest migration.
Court upholds environmental compliance
Post-construction environmental audits presented before the court found no evidence of pollution, habitat fragmentation or ecological disturbance. The court also noted that no enforcement action had been taken against the project by any regulatory authority.
Justice Gicheru observed that the investment had received all the necessary approvals from the Narok County Government, the National Environment Management Authority (NEMA) and wildlife agencies, which had each exercised their statutory mandates before granting licences. She ruled that suspending the camp’s operations would not serve the public interest.
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The judge further held that the developers had complied with all applicable legal and environmental requirements, obtained the necessary permits and implemented the prescribed mitigation measures. Allegations of obstruction, intimidation and environmental degradation were dismissed.
The decision marks the second unsuccessful legal challenge against the project after an earlier case filed by conservationist Dr. Joel Olol Dapash was also dismissed on procedural grounds.
Following the ruling, the Ritz-Carlton and JW Marriott Mara Safari Camp will continue operations, with the court affirming the validity of the project’s approvals and dismissing the legal challenge.
