A court in Kilifi declined to stop the planned launch of the construction of an oil refinery in Lamu.
Environment and Land Court judge Justice Jane Onyango said the plans to develop the refinery on the property in question are at hand and the implementation of these plans includes a ground-breaking on Wednesday.
The judge said the application is not certified as urgent and that it be served upon the respondents forthwith.
The respondents shall file their response within 14 days and the application is fixed for inter partes hearing on October 14, 2026.
“That in the interim the status quo prevailing on L.R No.13061 within Hindi/Manda Magogoni area within Lamu County be maintained until 14.10 26.”
The applicants having sought an order stopping the ground braking and develop of the project which order was not granted, the status quo order issued by the court today can be taken to mean that, the the parties to the proceedings in court retain all their abilities, including the ability to proceed with the project.
A group moved to court to challenge the Sh2 trillion oil refinery project in Lamu being set up by Aliko Dangote, the richest man in Africa.
More than 130 residents of Chandavai in Lamu County moved to court seeking to stop what they describe as the unlawful takeover and destruction of land their families have occupied and cultivated for generations.
The residents contended that the development by the Nigerian billionaire threatened to displace them without a resettlement plan or compensation.
The 133 plaintiffs sued the Office of the President, the Cabinet Secretary for Defence, the State Department for Lands and Physical Planning, the Attorney General, the National Land Commission (NLC), the Lamu Port-South Sudan-Ethiopia Transport (LAPSSET) Corridor Development Authority, the Lamu County Government and Dangote Industries, together with two companies described as contractors.
The residents claimed they have, for generations, occupied, cultivated and developed identifiable portions of land comprised in or forming part of LR No. 13061 in Chandavai.
They asked the court to intervene, arguing that continued construction and excavation would cause further destruction of crops, trees, homes and other property and permanently alter the character of the disputed land.
“Continued construction or excavation will cause further destruction of crops, trees, structures and other property and will materially alter the physical character of the land, thereby making the dispute substantially more difficult to resolve,” the plaintiffs state in court documents.
The residents said their claim is based on long-standing occupation, customary or community tenure, possession and beneficial use of the land, although they do not hold formal title deeds.
According to the plaint, their families have historically used the land for farming and livestock keeping and have built homes, mosques and shrines on it. Some family members, they say, are also buried on the disputed land.
The plaintiffs contended that the land is community land under the stewardship of the Lamu County Government and that they occupied it peacefully for generations without previous disputes over ownership.
They argued that some of the property at risk cannot be adequately compensated through monetary damages.
“Some of the affected property cannot readily be replaced by monetary compensation, particularly ancestral and family homes, graves, trees, long-standing occupation sites and community structures,” they claim.
The residents alleged that on August 7, 2024, officers and agents associated with the national government and LAPSSET entered the disputed land with heavy machinery and bulldozers.
They claimed crops, trees and other property were destroyed without prior notice, consultation or compensation.
According to the plaintiffs, local administrators subsequently informed them that the land had previously been acquired by the government for the LAPSSET project and later allocated to the Ministry of Defence for infrastructure works around Manda Bay.
The works, they alleged, included road construction and expansion of facilities around the Kenya Navy Base at Manda Bay, US Camp Simba and Magogoni Airfield.
Some residents claimed they were instructed not to interfere with the works and were promised compensation for destroyed crops and other losses.
The plaintiffs further claimed that some families were forced to move into rented accommodation to make way for the developments.
The land dispute has now taken on a new dimension following preparations for a proposed Dangote refinery in Lamu.
The residents allege that soil testing and other preparatory activities linked to the proposed refinery began in July 2026.
They claimed local administrators subsequently told them that the Dangote project would proceed alongside the LAPSSET and Manda Bay infrastructure developments.
The plaintiffs further alleged that on September 10, 2026, police officers, chiefs and other government agents cleared one of the disputed parcels, telling them that the site would be used for a groundbreaking ceremony for the refinery.
The plaintiffs said they learnt around September 20 that the government had commenced a compulsory acquisition process involving land in Lamu.
They alleged that the process is intended to compensate absentee landowners whose titles they claim were unlawfully or fraudulently obtained, while excluding residents who have actually occupied and used the land for generations.
The residents argued that the absence of registered title deeds does not extinguish their interests in the land or their entitlement to compensation.
They rely, among other provisions, on Article 40(4) of the Constitution and the compulsory acquisition provisions of the Land Act.
They contend that persons actually occupying and using the land should be identified and recognised as persons with compensable interests, even where those interests are not reflected in the land register.
The plaintiffs accused the defendants of failing to follow the statutory procedure governing compulsory acquisition.
They cited alleged failures to issue the required notices, conduct surveys and valuations, identify all persons interested in the land, conduct inquiries and provide compensation before taking possession.
They also alleged that the authorities failed to adequately consult affected residents or provide meaningful opportunities for public participation.
The residents further claimed that crops, trees and other property were destroyed without valuation or compensation.
The plaintiffs say the alleged conduct violated several constitutional rights, including the right to property under Article 40, the right to fair administrative action under Article 47 and the right of access to information under Article 35.
They also raised environmental concerns, alleging that the defendants failed to comply with requirements under the Environmental Management and Co-ordination Act and applicable environmental assessment procedures.
Their case is that government agencies cannot lawfully take possession of land, displace occupants and destroy their property before commencing or completing the compulsory acquisition process.
According to the plaintiffs, lawful acquisition requires identification of the affected land and persons with interests in it, issuance of statutory notices, an inquiry, valuation and assessment of compensation, followed by payment or lawful deposit of the compensation before possession is taken.
The residents also accuse the NLC, the State Department for Lands and the Lamu County Government of failing to protect or formally recognise their claimed interests in the disputed land.
They argued that the failure to document those interests has left them vulnerable to displacement and loss of property.
The case places long standing claims of customary and community occupation in Chandavai at the centre of competing infrastructure and industrial development plans in Lamu, including LAPSSET related projects, military infrastructure around Manda Bay and the proposed Dangote refinery.
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