President Ruto Cannot Transfer Amboseli Ownership Without Amending Constitution, Omtatah Warns

Busia Senator Okiya Omtatah has called out President William Ruto over what he termed as an unconstitutional move to transfer Amboseli National Park to the Kajiado County Government.

According to Omtatah, any such transfer would be illegal unless the president amends the Constitution. He insists that under Kenyan law, national parks are public property and cannot simply be handed over to counties.

The senator has urged the government to instead focus on ensuring revenue from the park benefits the Maasai people who live around it and have preserved its ecosystem for generations.

Senator Okiya Omtatah has raised a constitutional red flag over President Ruto’s plan to transfer Amboseli National Park to Kajiado County. By pointing to the Constitution’s definition of public land, he has exposed the legal flaws in the Cabinet’s decision. [Photo: Courtesy]

Omtatah Stands Firm on Amboseli Ownership

Senator Okiya Omtatah has strongly opposed the government’s decision to transfer Amboseli National Park to Kajiado County.

Speaking at a public forum, Omtatah stated that President Ruto cannot legally hand over the park without changing the Constitution. He warned Kenyans not to be misled by the announcement made by the Cabinet in November 2024, saying it holds no legal weight.

“If you go to the Constitution of Kenya, it stipulates that a national park is public property,” said Omtatah. “If the president wants to give it to the Maasai, he must change the Constitution.”

Omtatah said the president’s promise is not only misleading but also impossible under the current legal framework. He accused the government of using populist gestures to gain favor with local communities while avoiding the real issue: equitable distribution of revenue.

“Without saying that he will change the Constitution, the transfer of the national park is a lie. It will never happen,” he said. “Instead, the government should ensure the money from the park helps the people from this area.”

The senator’s remarks come months after President Ruto directed the Ministry of Tourism to begin the process of handing over Amboseli to the Kajiado County Government. The move was welcomed by local leaders and communities, but Omtatah says it is a constitutional trap.

Ruto’s Move Faces Legal Roadblocks

President Ruto’s directive, which was confirmed in a cabinet dispatch last November, approved the handover of Amboseli National Park to Kajiado County.

The move followed lobbying by local leaders, including Governor Joseph Ole Lenku, who argued that the Maasai people should have greater control over the land and revenue.

“The Cabinet also discussed and approved the transfer of Amboseli National Park to the County Government of Kajiado,” read part of the dispatch.

The plan was praised by Maasai leaders, who see it as a way to restore local control over land historically belonging to their community. They argue that the transfer will promote peaceful coexistence between people and wildlife.

“We have created a plan to transit Amboseli to a third-generation park where wildlife and communities co-exist in a harmonious way,” Governor Lenku said. “This will integrate conservation into people’s livelihoods.”

However, Omtatah says such promises will not stand in court. He argues that under the current Constitution, national parks fall under the control of the national government. Any change would require a constitutional amendment—a lengthy and complex process that involves public participation and parliamentary approval.

The Real Battle Over Amboseli Ownership

The controversy over Amboseli ownership goes beyond legal arguments. It exposes the deeper tension between national control and local benefit.

Amboseli was first established in 1906 as a reserve for the Maasai community. It became a national park in 1974 to protect its fragile ecosystem and wildlife.

Since then, it has become one of Kenya’s top tourist attractions and a critical source of revenue for the tourism sector. But the Maasai people, who have lived in the region for centuries, say they have not seen the economic returns.

Many feel excluded from decision-making and have accused successive governments of sidelining their interests. Omtatah believes the solution lies in fair revenue sharing, not unconstitutional land transfers.

“The issue here is not ownership but benefits,” he said. “Let the people of Kajiado receive their fair share of the revenue. That’s what justice looks like.”

He also called on civil society and legal experts to speak up before the government proceeds with what he described as “a clear violation of the Constitution.”