The Consumers Federation of Kenya (COFEK) has moved to the Public Private Partnerships Petition Committee in Nairobi, seeking to halt and scrutinize Kenya’s proposed participation in the multibillion-dollar Dangote East Africa Oil Refinery and Petrochemical Complex at Lamu.
In a petition filed on September 30, 2026, by Tali Tali Advocates, COFEK wants the committee to review the government’s decision to proceed with the project through public equity, land contributions, and government support arrangements even as negotiations over Kenya’s stake were reportedly still ongoing.
The petitioner has sued the Directorate of Public Private Partnerships, the PPP Committee, the National Treasury Cabinet Secretary, the Energy Cabinet Secretary, and several other state agencies. Dangote Industries Limited is listed as the first interested party.
The proposed refinery, with a processing capacity of approximately 700,000 barrels per day, has been described publicly as a US$15-20 billion investment, with completion envisaged around 2030.
COFEK says it has not been furnished with the final approved project cost, financing plan, or capital structure.
It is also seeking clarity on the reported Sh21.5 billion seed capital allocated for the refinery in the 2026/2027 Budget, arguing that it cannot tell how much has been appropriated, committed, or actually disbursed.
The petition follows public statements in August 2026 attributed to the President’s economic adviser, describing an offer of a combined 30% equity interest to regional governments, with Kenya’s proposed 10% stake valued at approximately US$500 million.
On September 29, 2026 the National Treasury Cabinet Secretary was reported as saying negotiations on Kenya’s stake remained ongoing, and that Kenya might increase its participation if neighbouring states did not take up their options.
The same day, the President publicly affirmed the project would proceed, describing the investment as transparent. A groundbreaking ceremony was announced for September 30, 2026.
COFEK argues that the project’s progression towards implementation while the terms of Kenya’s participation remain undisclosed creates a risk that public commitments may become binding before their legality and safeguards can be reviewed.
The petition raises several questions concerning the project, including the identity of the contracting authority and the statutory basis under which it was undertaken.
It also seeks clarification on the procurement process adopted, including whether the project was initiated through a privately initiated proposal.
Other issues raised include the appraisal and approval process, particularly the extent of public participation, as well as the terms of Kenya’s proposed equity investment, including the valuation of the investment, source of funding and the rights attached to the shareholding.
The petition further questions the use and treatment of public land, including parcels within the LAPSSET Corridor in Lamu, and whether the project involves any binding support, offtake or purchase commitments.
COFEK also references reported court proceedings by 133 residents concerning land in the Hindi/Manda Magogoni area, and a status quo order reportedly issued by the Environment and Land Court at Malindi on September 25, 2026, over L.R. No. 13061.
The petition does not rely on the interim order as a final determination of unlawful acquisition, but says the proceedings are relevant to assessing site availability and implementation risk.
The petitioner is asking the committee to order the respondents to produce, within seven days, a wide range of documents relating to the project.
These include the approval or authorisation to proceed with the project, together with details of when it was issued, who issued it, the minutes, reasons and any conditions attached to the decision.
The petitioner is also seeking the project-list entry, feasibility and appraisal reports, documents showing how the procurement method was determined, and records of any public participation undertaken.
The records sought further include any executed project, investment, subscription or shareholders’ agreements, as well as documents supporting the reported Sh21.5 billion allocation.
The petitioner wants the respondents to disclose the registered identity of any Kenyan project company or public investment vehicle involved, including information on their beneficial owners.
It is also seeking records identifying the relevant land parcels, their tenure and ownership, together with any instruments governing their use for the project.
Other documents sought include any government support, offtake or incentive agreements, as well as records showing whether confidentiality has been relied upon to withhold any of the requested information.
Where a document does not exist, COFEK wants the relevant respondent to state that fact and identify the current project stage.
COFEK is asking the PPP Petition Committee to make several orders, including a finding that the arrangement falls under the Public Private Partnerships Act, 2021, and to identify the relevant contracting authority, procurement route and decision subject to review.
The organisation is also seeking an order compelling the respondents to produce the documents and records it has listed.
COFEK wants the committee to set aside any approval or authorisation to proceed with the project if it is found to have been issued contrary to the law, and instead remit the matter for lawful reconsideration.
It is further asking the committee to direct the completion of all applicable appraisal, due diligence, procurement, public participation and approval requirements before any public commitments are implemented.
COFEK is also seeking an order requiring publication of information as provided under sections 43(14) and 69 of the Act, subject to any legally justified redactions.
Finally, it wants the committee to issue a decree recording its determination pursuant to section 80 of the Act, with each party bearing its own costs.
The petition relies on Articles 10, 35, 46, 47, 201, and 227 of the Constitution, citing values of rule of law, public participation, good governance, integrity, transparency, and accountability.
It also invokes the Public Private Partnerships Act, 2021, the Public Finance Management Act, 2012, the National Infrastructure Fund Act, 2026, the Fair Administrative Action Act, 2015, and the Access to Information Act, 2016.
COFEK says it has separately challenged the National Infrastructure Fund arrangements and the reported KPRL-Gulf Energy storage transaction, but states that no determination of their merits is sought in this petition.
The petition is supported by an affidavit sworn by COFEK Secretary General Stephen Mutoro, who says he has not been furnished with the underlying decision or instrument authorizing the project’s progression, the identity of the contracting authority, or the procurement route adopted.
“The fact that a document has not been furnished to the Petitioner does not establish that it does not exist,” Mutoro depones.
“The Petitioner seeks production of the records, identification of the stage reached, and an explanation of any outstanding approvals.”
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