The Malindi Environment and Land Court has declined to stop the planned Dangote refinery project in Lamu, allowing the land dispute filed by local residents to proceed.
The case was filed by 133 residents of Chandavai who are challenging the planned development, claiming that the land identified for the project is ancestral property that has been occupied and used by their families for generations.
In a ruling dated September 25, Justice Jane Onyango declined to certify the application as urgent and instead directed all parties to maintain the status quo on the disputed land.
The order applies to Land Reference Number 13061 in Manda Magogoni, Lamu, until October 14, when the application will be heard.
The court also directed the residents to serve the respondents with the application. The respondents will then have 14 days to file their responses before the inter partes hearing.
“It is hereby ordered that the application is not certified as urgent and that the application be served upon the respondents forthwith,” the court stated.
“Upon service, the respondents shall file their response within 14 days. It is also hereby ordered that the application be fixed for hearing on October 14, 2026,” the court added.
The residents have raised concerns over the takeover of the land, saying they have not received adequate compensation or a clear resettlement plan.
According to their application, the disputed land supports farming and livestock keeping and has homes, mosques, shrines and family graves.
The residents have also accused government and LAPSSET officials of entering the land with bulldozers on August 7, 2024, allegedly destroying crops and trees without prior notice or compensation.
They have listed the National Land Commission, LAPSSET Corridor Development Authority, the Lamu County Government and Dangote Industries among the respondents in the case.
Machinery Arrives at Lamu Port
The court case comes as preparations for the refinery project gather pace.
Lamu Port received 2,930 metric tonnes of heavy machinery aboard the vessel MV Da Yang on September 26, with the equipment expected to be used for the project.
The proposed refinery is estimated to cost about KSh2.2 trillion and is expected to process up to 700,000 barrels of crude oil per day.
The crude is expected to come from Kenya’s Lokichar oilfields in Turkana as well as other parts of East and Southern Africa.
For now, the court has directed that the existing situation on the disputed land be maintained until the application is heard on October 14.
