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The Environment and Land Court in Kenya has dismissed a legal challenge against the JW Marriott Mara Safari Camp, ruling that the petitioners bypassed legal procedures by directly approaching the court instead of first seeking resolution through the National Environment Tribunal (NET).
Justice Lucy Gacheru stated that the East Africa Tour Guides Drivers Association failed to exhaust dispute resolution mechanisms under the Environmental Management and Coordination Act (EMCA), leaving the court without jurisdiction.
The judge emphasized that the project was already operational and had received environmental, planning, and wildlife approvals, making interim orders unnecessary.
The association had sought to block the camp's operations and demand revocation of permits, but the court rejected these claims, noting substantial financial investment and compliance with environmental safeguards.This marks the second time the project has faced legal challenges, following a similar petition by conservationist Dr.Joel Meitamei Ole Dapash, which was also dismissed in February.
The developers argue the camp does not obstruct wildlife migration and adheres to environmental standards, while opponents claim it harms the Sand River wildlife corridor.The ruling underscores the legal requirement to follow procedural steps before seeking judicial intervention.
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