Kenya’s Environment and Land Court issued interim orders Wednesday against a policy directive reinstated by President William Ruto in July lifting a moratorium on logging pending the hearing and determination of a case filed by the Law Society of Kenya (LSK).

In the ruling, Justice Oscar Angote, the presiding judge, also issued conservatory orders suspending any plans by the government to re-introduce the Shamba System which allowed people to farm on government forests. In addition, he issued a prohibition on the state from granting any licenses or permits for tree felling.

The LSK argues that the reintroduction of logging in Kenya completely disregards the crucial role that forests play in mitigating climate change, preserving biodiversity and safeguarding vital ecosystems. Article 69 of the Constitution of Kenya requires that the state “eliminate processes and activities that would endanger the environment.”

The logging ban in Kenya had been imposed by former President Uhuru Kenyatta in 2018 following a public outcry over illegal logging. Current President Ruto defended the lifting of the ban, saying that the decision was spurred by the need to open up the economies of areas that depend on forest products. He also stated that his government had put in place plans to ensure that only mature trees are harvested while more are planted.

Attorney General Justin Muturi, Environment Cabinet Secretary Soipan Tuya, the Climate Change and Forestry Department, the Kenya Forest Service and the National Environment Management Authority, who are the respondents in the case have been given 5 days to file their responses. This case will be heard inter-partes on August 14, 2023.