A Kenyan court has ordered parties to maintain the existing situation on a disputed parcel of land in Lamu County, creating a temporary legal hurdle for Dangote Industries’ planned $16 billion refinery project.
The order was issued by Justice Jane Onyango of the Malindi Environment and Land Court after 133 residents challenged the development, arguing that the land earmarked for the project includes areas they have occupied, farmed and developed for generations.
The residents, who are from the Chandavai area, say the project could affect their homes, farms, livestock activities and other property on the disputed land.
Justice Onyango directed that “the status quo prevailing” on the affected property be maintained until October 14, when the court is scheduled to hear the matter between the parties. (People Daily)
Residents challenge refinery project
The legal challenge was brought by Salim Tima Swale and 132 other residents, who say their interests in the land extend beyond formal registration because of their long-standing occupation, cultivation and development of the area.
The petitioners argue that some residents have built homes and other structures on the land, while farming and livestock keeping remain important parts of their livelihoods.
They are seeking protection of their property and constitutional rights as the refinery project moves forward.
The residents have also raised concerns about the potential displacement of affected families and the absence of adequate resettlement arrangements.
Environmental and public participation concerns
The petitioners have raised questions about whether all the necessary environmental and public participation requirements have been met before construction begins.
They argue that a project of the refinery’s scale should undergo the required environmental assessment and consultation processes before implementation.
The legal challenge therefore covers both land rights and questions surrounding the procedures followed in preparing for the development.
Groundbreaking ceremony still expected
The court’s order comes just before the planned groundbreaking ceremony for the refinery on September 30.
Importantly, the court did not grant the residents’ request to stop the groundbreaking ceremony itself. The order instead requires the parties to maintain the status quo on the specific disputed parcel until the next court proceedings. (The Star)
Dangote Group has also said the court ruling will not stop the official groundbreaking ceremony, although it could affect some activities at the project site. (Reuters)
A major regional refinery project
The proposed Lamu refinery is expected to have a crude-processing capacity of 700,000 barrels per day. If completed, it would become one of the largest refinery projects in East and Central Africa.
The project is designed to strengthen fuel production in the region and reduce East Africa’s dependence on imported refined petroleum products.
The refinery is also linked to a wider infrastructure development programme around Lamu, including pipelines and other transport and energy infrastructure.
What happens next?
The court is expected to hear the case between the parties on October 14, 2026.
Until then, the status quo order remains in place over the disputed land. The legal proceedings could determine how the land issues are addressed as Dangote Industries and the Kenyan government move ahead with the wider refinery project.
For now, the planned groundbreaking remains scheduled, while the dispute over the affected land continues before the court. (The Star)
