Court stops Narok County from licensing new Hot Air Balloon operators in Maasai Mara
In a landmark judgment seen as a major victory for conservationists and existing balloon operators, the court quashed the county government's decision issued on August 13, 2025, which had authorised a new operator to commence commercial hot air balloon flights within the world-renowned wildlife reserve.
The Environment and Land Court has barred the Narok County Government from approving new hot air balloon operations in the Maasai Mara National Reserve, ruling that the licensing process violated the reserve’s management plan and constitutional requirements on fair administrative action.
In a landmark judgment seen as a major victory for conservationists and existing balloon operators, the court quashed the county government’s decision issued on August 13, 2025, which had authorised a new operator to commence commercial hot air balloon flights within the world-renowned wildlife reserve.
The court further prohibited Narok County from issuing any future approvals for hot air balloon businesses in a manner that is inconsistent with the Maasai Mara National Reserve Management Plan 2023–2032, the Constitution and the Fair Administrative Action Act.
The case had been filed by existing balloon operators, who argued that the county government unlawfully approved a new entrant despite an express provision in the reserve’s 10-year management plan prohibiting the issuance of additional ballooning concessions.
They contended that the decision ignored the reserve’s conservation framework and threatened ongoing efforts to minimise environmental degradation in one of Africa’s most important wildlife ecosystems.
In its ruling, the court agreed, finding that the county government had failed to demonstrate that it lawfully exercised its statutory powers before granting the approval.
“Administrative decisions affecting public resources and environmental governance must demonstrate a rational connection between the applicable legal framework and the decision ultimately reached,” the court ruled.
The judge further held that whenever a public authority departs from an established policy or statutory management framework, it must provide clear reasons for doing so.
“In the present case, the Respondent (Narok County) has not placed before this court any material demonstrating that it undertook such an analysis before issuing the impugned approval. That omission raises legitimate concerns regarding the legality and rationality of the decision-making process,” the court said.
Narok County had defended its decision, arguing that the new operator had complied with all applicable legal and regulatory requirements.
The county also dismissed claims that the approval had been issued secretly and maintained that it did not amount to a fresh concession but merely facilitated operations that had initially been approved in 2018.
However, the court found that the county had failed to notify existing operators and other affected stakeholders of the application or give them an opportunity to present their views before the approval was granted.
The judge also rejected the county’s argument that public participation undertaken by the Kenya Civil Aviation Authority (KCAA) during the processing of an Air Service Licence was sufficient consultation.
The court ruled that the KCAA’s aviation licensing process could not substitute the county government’s independent constitutional obligation to ensure fair administrative action before authorising commercial activities within the Maasai Mara National Reserve.
The dispute arose from long-running efforts by conservation authorities and tourism stakeholders to regulate hot air balloon operations amid growing concerns over environmental degradation and pressure on the fragile ecosystem.
Court documents showed that on October 5, 2022, the Chief Park Warden convened a consultative meeting involving all licensed hot air balloon operators to discuss measures aimed at reducing environmental impacts, including the establishment of centralised take-off and landing sites.
A subsequent stakeholders’ meeting held on October 13, 2022, resolved that operators, particularly those flying around the ecologically sensitive Pose Plains, would significantly reduce their operations to minimise disturbance to wildlife and the environment.
The applicants further told the court that the Narok County Government later invited stakeholders to participate in the preparation of the Maasai Mara National Reserve Management Plan 2023–2032, which was subsequently approved by the Narok County Assembly and published through a Special Kenya Gazette Notice on March 1, 2023.
According to the operators, the management plan expressly prohibits the issuance of new ballooning concessions or the expansion of existing concessions throughout its 10-year lifespan, including balloon flights originating from outside the reserve.
