Court certifies urgent case on Dangote refinery in Lamu 

The High Court in Nairobi has certified as urgent a constitutional petition challenging the proposed Sh2.2 trillion (USD 16 billion) Dangote East Africa Petroleum Refinery and Petrochemicals project in Lamu County.

Justice David Mburu, sitting at the Milimani High Court, directed that the petition be heard on a priority basis and ordered the petitioner to physically serve the petition, application and court directions on the respondents and interested parties within two days.

The respondents and interested parties have been given seven days from the date of service to file and serve their responses.

The petition was filed by activist Francis Awino, who is seeking conservatory orders to prevent the Government from committing public funds and other State resources to the refinery project before key information about the proposed investment is disclosed.

Awino wants the court to restrain the Government from committing public funds, National Infrastructure Fund (NIF) resources, public land, public assets, tax incentives, guarantees, indemnities or contingent liabilities towards the project pending disclosure of the legal and financial framework underpinning State participation.

The petitioner says the proposed involvement of public resources raises constitutional questions that require urgent judicial intervention.

The petition follows an issue raised in the Senate on September 30, 2026 when Senator Edwin Sifuna questioned whether Parliament had been given access to the refinery agreement and whether legislators knew the commitments Kenya had made towards the project.

The petition also refers to remarks made by President William Ruto during the project’s groundbreaking ceremony, in which he announced that the Government would deploy State assets, including land, alongside the National Infrastructure Fund to invest in the refinery.

Awino argues that any decision to commit public resources must comply with Article 201 of the Constitution, which sets out principles of public finance, including openness, accountability and public participation in financial matters.

The petitioner wants the Government to disclose the legal authority and approvals underpinning the proposed State participation, as well as the valuation of assets, investment structure, funding sources, fiscal implications, risk allocation and anticipated public benefit.

Access to information requests

The petitioner says he served access-to-information requests on several public entities on September 27, seeking documents relating to the project but had not received a response by the time he moved to court.

Among the documents sought are project agreements, Cabinet and Treasury records, fiscal risk assessments, National Infrastructure Fund documents, land records, environmental documentation, licences and materials relating to public participation.

The petition names 16 respondents, including the Attorney General, Cabinet Secretary for National Treasury and Economic Planning, Cabinet Secretary for Energy and Petroleum, Cabinet Secretary for Lands, the National Environment Management Authority, National Land Commission, Lamu County Government, LAPSSET Corridor Development Authority, Kenya Ports Authority, Kenya Maritime Authority and the National Infrastructure Fund.

Dangote East Africa Petroleum Refinery and Petrochemicals SEZ is also named among the respondents.

The Capital Markets Authority (CMA) is the first interested party, while Dangote East Africa Petroleum Refinery and Petrochemicals SEZ is named as the second interested party.

Awino refers to a September 21, 2026 statement by the CMA in which the regulator said the Initial Public Offering of Dangote Petroleum Refinery and Petrochemicals FZE was being regulated in Nigeria and had not been submitted to the Kenyan regulator for consideration and approval under Kenyan law.

The petitioner, however, makes clear that he is not alleging that a Kenyan public offer, prospectus or listing application currently exists.

Instead, he wants the CMA to clarify the regulatory position and take measures to ensure that Kenyan investors are not exposed to unauthorised or misleading solicitation.

The petition also acknowledges proceedings before the Environment and Land Court in Malindi concerning LR No. 13061, Hindi/Manda Magogoni in Lamu County, where 133 residents have challenged land earmarked for the project.

Awino says his petition does not seek to determine ownership, occupation, possession, boundaries or compensation relating to the disputed land.

He has also asked the High Court not to interfere with the jurisdiction or orders of the Malindi court.

Through the application, the petitioner is seeking orders stopping the respondents from making, approving, authorising, executing, registering, transferring, disbursing or otherwise implementing new non-routine commitments involving public resources in relation to the refinery.

The proposed restrictions would cover public funds, NIF resources, public land, public assets, public equity, tax expenditure, tax incentives, reliefs, exemptions, waivers, subsidies, guarantees, indemnities, infrastructure support commitments, debt assumptions and contingent liabilities.

He is also seeking orders requiring the respondents to preserve all physical and electronic records relating to the project.

These include correspondence, minutes, resolutions, approvals, financial models, due diligence reports, valuations, agreements, licences, land instruments, environmental impact assessment documents, public participation records, tax instruments and investment proposals.

The petitioner further wants the relevant respondents to provide a complete, indexed and paginated inventory of records concerning the project.

The inventory, he says, should include details of the precise Kenyan project company or special purpose vehicle involved in the project, including its registration details, directors and beneficial owners.

Another order sought would require the CMA to disclose whether it has received, considered, approved, exempted, investigated or otherwise engaged with any prospectus, information memorandum, public offer, marketing or solicitation arrangement, listing proposal or complaint relating to the project.

In his supporting affidavit, Awino says the petition should not be interpreted as opposition to the refinery or development generally.

He says he supports industrialisation, lawful foreign investment, employment creation, energy security, petroleum refining, infrastructure development and legitimate public-private partnerships.

However, he maintains that such projects must be undertaken in accordance with the Constitution and the law, including requirements on transparency, public participation, environmental protection and prudent management of public finances.

Justice Mburu directed that the petitioner may file a rejoinder and written submissions within 14 days of receiving the respondents’ responses.

The respondents and interested parties will similarly have 14 days after receiving the petitioner’s submissions to file their written submissions.

The petitioner may thereafter file supplementary submissions on points of law within seven days.

The matter will be mentioned on to confirm compliance with the directions and for further orders.