The planned groundbreaking of the Dangote East Africa Refinery in Lamu will proceed amid a court dispute over land claimed by 133 residents who say generations of occupation and community use have been overlooked in preparations for the multibillion-dollar project.
The Malindi Environment and Land Court has ordered parties to maintain the existing status quo on Land Reference No. 13061 in the Hindi/Manda Magogoni area of Lamu County until October 14, when the residents’ application will be heard inter partes.
Justice Jane Onyango declined to certify the application as urgent and directed the respondents to file their responses within 14 days. The order did not expressly prohibit the planned September 30 groundbreaking ceremony.
Dangote Group has said the court order will not prevent the groundbreaking, although it could affect some activities at the project site. The company remains committed to the planned launch of the 700,000-barrel-per-day refinery.
Residents challenge land claims
The case was filed by Salim Tima Swale and 132 other residents, who say they have longstanding interests in portions of LR No. 13061.
In their court papers, the petitioners say they have, for generations, “occupied, cultivated, developed and used identifiable portions” of the land and claim interests arising from long-standing occupation, customary or community tenure, possession and beneficial use.
The residents argue that their claims should not be determined solely by whether they possess formal title deeds. They say their families have historically used the land for settlement, cultivation and other activities and that these interests should be recognised in any development or compulsory-acquisition process.
The petitioners further allege that expansion projects in the area, including the Dangote refinery, could result in forced eviction and the destruction of homes, crops, trees and other property. They argue that affected residents risk being displaced without adequate compensation or resettlement.
They say the absence of a resettlement plan could leave them “turned into IDPs in their own county.” These claims are allegations contained in the court proceedings and have not been determined by the court.
Why the dispute matters
The case puts land tenure, compensation and resettlement at the centre of preparations for one of Kenya’s largest proposed industrial investments.
The residents contend that people actually occupying and using the disputed land should be treated as interested parties in any compulsory acquisition process, even where their interests are not reflected on the land register.
They have also raised constitutional and administrative-law issues, including claims concerning property rights, fair administrative action and access to information. Their court filings seek protection of their claimed interests as well as relief relating to property and alleged losses.
The dispute extends beyond the refinery itself. The residents say previous infrastructure developments around the area, including roads and expansions involving the LAPSSET corridor, Kenya Navy facilities, US Camp Simba and Magogoni Airfield, have already affected some occupants.
They allege that crops and other property were destroyed during earlier works and that some families were forced to seek alternative accommodation.
Those allegations will have to be tested against responses from the government agencies, Dangote Industries and the other respondents.
October 14 hearing key
For Dangote and the government, the immediate issue is whether project activities can continue on portions of LR No. 13061 while the residents’ claims are before the court.
The distinction is important. The September 25 order is not a final judgment on ownership of the land, the legality of the refinery or the residents’ entitlement to compensation. It preserves the prevailing position on the disputed parcel pending the inter partes hearing.
The proposed refinery is expected to process 700,000 barrels of crude oil a day and represents an investment estimated at about $15 billion to $20 billion. Preparations have already advanced, with heavy machinery arriving at the Port of Lamu ahead of the planned groundbreaking.
The October 14 hearing will therefore be the next major legal test.
At stake is not simply the timing of construction, but how Kenya balances a major industrial investment with claims by long-term occupants who say their land, property, livelihoods and interests must be addressed before development proceeds.
Until the court considers the parties’ competing positions, the central question remains whether the project can advance on the disputed portions of LR No. 13061 without resolving the residents’ claims over occupation, compensation and resettlement.
