Court bars KWS from charging new conservation rates

The High Court has stopped the Kenya Wildlife Service (KWS) from enforcing the new park entry charges for national parks, reserves, and sanctuaries that took effect on October 1, 2025.

High Court Judge John Chigiti, sitting in the Judicial Review Division at the Milimani Law Courts, issued conservatory orders yesterday, barring the wildlife agency from charging the revised rates until a petition filed by the Kenya Tourism Federation (KTF) is heard and determined.

'An order of prohibition i hereby issued restraining the Respondents from implementing or enforcing the said new fees until proper public participation, stakeholder consultation, and fair administrative process is conducted,” ruled Justice Chigiti.

The ruling means that tourists and tour operators will continue paying the old rates as the court examines whether KWS lawfully introduced the new charges.

The judge directed that the substantive application be filed and served within seven days, with the respondents KWS and the AG also given seven days to reply. 

The case was filed by the Kenya Tourism Federation, an umbrella body representing tour operators, hoteliers, travel agents, airlines, and ecotourism groups.

In a certificate of urgency filed through C.M. Ongoto & Co. Advocates, KTF argued that KWS announced the new conservation charges on September 29, giving the industry only two days’ notice before they took effect on October 1.

“This came as a shock to the industry, as stakeholders had previously engaged with KWS and submitted formal input during the public participation phase, wherein it was proposed that the new fees, if accepted, would be implemented starting 1st January 2026 to allow for contractual alignment and operational adjustment,” said KTF Chairperson Fredrick Odhiambo Odek in a sworn affidavit.

The federation claims the abrupt implementation exposes operators to canceled bookings, reputational harm in international markets, and violation of EU consumer laws that prohibit post-confirmation price hikes on tour packages.

“Unless this Honourable Court intervenes urgently, the Applicant and its members will suffer substantial and irreparable harm, including loss of business, contractual penalties, and damage to Kenya’s tourism brand internationally,” Odek told the court.

The federation also accused KWS of breaching the Constitution and the Fair Administrative Action Act, 2015 by failing to conduct meaningful consultations.

“The impugned decision was made without adequate public participation as it did not take the industry stakeholders’ views and suggestions into consideration and violates the Applicant’s right to fair administrative action,” reads part of the statutory statement filed in court.

KTF cited Articles 10, 40, 47, 118, and 232 of the Constitution, which require transparency, inclusivity, and fairness in public decision-making. 

They also pointed to Sections 102 and 103 of the Wildlife Conservation and Management Act, 2013, which govern conservation fees.

KWS is named as the 1st respondent in the suit, while the Attorney General is listed as the 2nd respondent. 

The State Law Office is accused of failing to give KWS proper legal guidance before the fee hike.

The disputed charges had been announced just a day after Kenyans enjoyed free entry into parks across the country last month.

According to the new tariff, Kenyans visiting Amboseli and Lake Nakuru National Parks would pay Sh2,025, while entry to Nairobi National Park rose to Sh1,350 from Sh430.

East African citizens would be required to pay Sh1,500 for Amboseli and Nakuru, and Sh100 for Nairobi National Park.

KWS also introduced new bundled charges, including Sh1,750 for Kenyans and Sh1,300 for East Africans to access Nairobi National Park, the Nairobi Animal Orphanage, and the Nairobi Safari Walk under one package.

Visits to Tsavo East and Tsavo West were to cost Sh1,350 for Kenyans and Sh1,000 for East Africans, while Meru, Koça and Aberdare National Parks were priced at Sh1,100 and Sh800 respectively.

The matter will be mentioned on November 25, 2025