A group of 133 residents from Chandavai in Lamu County has filed a lawsuit against Nigerian industrialist Aliko Dangote and multiple Kenyan state agencies in an effort to halt the construction of a proposed Ksh 2 trillion oil refinery project. The lawsuit was filed just days before a scheduled groundbreaking ceremony on September 30, putting the multi-trillion-shilling development in jeopardy. The residents claim that their land, which they have occupied and cultivated for generations, is being cleared without their consent.
The dispute centers on land parcel LR No. 13061 in Chandavai, where the plaintiffs argue that their families have built homes, farms, mosques, shrines, and burial sites. They claim that heavy machinery and bulldozers first entered the property on August 7, 2024, destroying crops, homes, and community structures without prior consultation, formal notice, or monetary compensation. The residents contend that their long-standing occupation grants them valid, compensable land interests under Article 40(4) of the Kenyan Constitution and the Land Act.
The plaintiffs allege that a recent compulsory acquisition process initiated around September 20 favors absentee titleholders who acquired titles fraudulently while sidelining actual land occupants. They claim that they were excluded from the compensation process and that the continued construction or excavation will cause further destruction of their property. The residents highlight that certain losses, including ancestral graves and historical homesteads, cannot be remedied through financial settlements.
The lawsuit targets a broad spectrum of executive offices, security organs, regulatory bodies, and corporate entities responsible for the regional development corridor. These include the Office of the President, Cabinet Secretary for Defence, Attorney General, and State Department for Lands and Physical Planning, among others. The plaintiffs are seeking an immediate injunction to stop all excavation and construction activities until the constitutional land acquisition procedures and public participation mandates are fully met.
In addition to property rights, the plaintiffs cite major constitutional and statutory violations. They allege that the defendants failed to conduct proper environmental impact assessments required under the Environmental Management and Co-ordination Act (EMCA). The petition also claims breaches of the Right of Access to Information, Protection of Right to Property, and Right to Fair Administrative Action.
The plaintiffs stress that the destruction of their ancestral land and property will have long-lasting effects on their community. They argue that the proposed refinery project will not only displace them but also affect their livelihoods and cultural heritage. The residents are seeking to halt the project until their concerns are addressed and their rights are protected.
The lawsuit has put the Ksh 2 trillion oil refinery project in limbo, with the groundbreaking ceremony scheduled for September 30 now uncertain. The project's fate will depend on the court's decision on the injunction and the subsequent proceedings. The plaintiffs' concerns and the court's ruling will have significant implications for the project's implementation and the affected communities.
Key points
- The lawsuit filed by 133 Lamu residents seeks to halt the Ksh 2 trillion oil refinery project due to concerns over land acquisition and environmental impact assessments.
- The plaintiffs claim that their land has been cleared without consent, and they were excluded from the compensation process.
- The project's fate is uncertain, with the court's decision on the injunction having significant implications for its implementation.
