Amanze Chinonye
A Kenyan court has declined to grant an interim order sought by 133 Lamu residents to stop preparations for the proposed Dangote refinery, leaving the planned groundbreaking on Wednesday while directing parties to preserve the existing position on the disputed land, Prime Business Africa reports.
Join our WhatsApp Channel
The Malindi Environment and Land Court ruled that the residents’ application did not warrant urgent certification. Justice Jane Onyango ordered the respondents to file their responses within 14 days and fixed Oct. 14 for an inter partes hearing on the dispute involving Land Reference No. 13061 in the Hindi/Manda Magogoni area.
READ ALSO :
The applicants, led by Salim Tima Swale, had asked the court to restrain the planned groundbreaking and subsequent development, arguing that the property forms part of land occupied and used by Chandavai families for generations. The respondents include the State Law Office and the National Land Commission, alongside other government and project-related bodies.
The residents say their families have cultivated the land, kept livestock and established homes and places of worship there. They also say ancestral graves are located within the disputed area. Their court papers contend that the absence of formal title deeds does not extinguish interests arising from longstanding occupation, customary or community tenure and beneficial use of the land.
They allege that heavy machinery and bulldozers entered the property in August 2024, damaging crops, trees and other property. They further allege that police and local administrators cleared part of the land in September ahead of the planned ceremony. The claims have yet to be tested or determined by the court.
The applicants also dispute the compulsory acquisition process. They say notices, valuation, public participation and compensation requirements were not properly addressed and argue that the process focused on registered or absentee title holders rather than people living on and using the land. They have cited provisions of Kenya’s Land Act and constitutional protections covering property, access to information and fair administrative action.
The court has not made findings on those allegations. Its interim direction requires the parties to maintain the “status quo prevailing” on LR No. 13061 until the matter is considered at the Oct. 14 hearing. It also warned that failure to comply with the order could result in penal consequences.
The ruling comes as Kenya prepares for the planned groundbreaking of the refinery on Wednesday, which President William Ruto is expected to attend. The proposed facility is designed to process up to 700,000 barrels of crude oil a day and is being developed as part of broader plans to establish Lamu as an energy and logistics centre.
The project is expected to draw crude from Kenya’s Turkana oilfields and other sources, although securing sufficient crude supplies remains a key consideration for the proposed facility. It is also linked to the wider Lamu Port-South Sudan-Ethiopia Transport Corridor.
READ MORE :
Uganda, Tanzania Sign Strategic MoU to Develop Tanga Energy Hub
Construction preparations have continued despite the court challenge. About 2,930 metric tonnes of heavy equipment arrived at Lamu Port on Sept. 26 aboard the MV Da Yang, according to Kenyan port authorities.
The estimated cost of the refinery has been reported at about 2 trillion Kenyan shillings, or roughly $15 billion, with some Kenyan reports putting the figure at about KSh2.2 trillion.
The Oct. 14 hearing will allow the respondents to answer the residents’ claims. The court’s latest order does not finally determine ownership or the residents’ compensation claims, leaving the underlying land dispute to be considered in the proceedings.
Amanze Chinonye is a Staff Correspondent at Prime Business Africa, a rising star in the literary world, weaving captivating stories that transport readers to the vibrant landscapes of Nigeria and the rest of Africa. With a unique voice that blends with the newspaper's tradition and style, Chinonye's writing is a masterful exploration of the human condition, delving into themes of identity, culture, and social justice. Through her words, Chinonye paints vivid portraits of everyday African life, from the bustling markets of Nigeria's Lagos to the quiet villages of South Africa's countryside . With a keen eye for detail and a deep understanding of the complexities of Nigerian society, Chinonye's writing is both a testament to the country's rich cultural heritage and a powerful call to action for a brighter future. As a writer, Chinonye is a true storyteller, using her dexterity to educate, inspire, and uplift readers around the world.
