Kenya’s High Court has certified as urgent a petition seeking disclosure of the government’s proposed financial and other commitments to Dangote Industries’ planned $16 billion refinery in Lamu, adding to legal scrutiny of the project days after its groundbreaking, Prime Business Africa reports.
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Justice David Mburu ordered the case to be heard on a priority basis following an application and petition filed by activist Francis Awino, who is seeking details of the government’s proposed involvement in the Dangote East Africa Petroleum Refinery and Petrochemicals project.
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Awino is asking the court to require state agencies to disclose whether public funds, land, equity, tax incentives, guarantees, subsidies or other public resources will be committed to the project, as well as the terms, valuations, approvals and decision-making processes underpinning any government investment.
The petition also seeks documents relating to the National Investment Fund, including its legal framework, investment mandate, decisions, feasibility studies and financial models connected to the refinery. It further seeks agreements, financing proposals, due-diligence reports, valuations, licences, environmental assessments and records of public participation.
The court directed Awino to serve the respondents and interested parties with the petition, application and court directions within two days. The respondents and interested parties will have seven days from service to file their responses, after which the petitioner may file a rejoinder and written submissions within 14 days. The case is scheduled to return to court on Nov. 12 for confirmation of compliance and further directions.
The petition includes a request for temporary restrictions on new, non-routine government commitments to the project pending determination of the case. The court’s latest directions did not grant that request.
The case is separate from proceedings before Kenya’s Environment and Land Court in Malindi, where 133 residents of Chandavai are challenging the use of land earmarked for the refinery. That court ordered parties to maintain the status quo on the disputed parcel until an Oct. 14 hearing.
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Dangote and Kenyan President William Ruto broke ground on the planned refinery on Sept. 30. The facility is designed to process 700,000 barrels of crude oil per day and is expected to supply refined petroleum products to Kenya and other East African markets. Dangote has said the project is targeted for completion in 2030.
The High Court petition is also separate from a challenge by the Consumers Federation of Kenya, which has sought information on the proposed government stake, public funding and land arrangements for the refinery.
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