A court in Lamu has ordered that the status quo be maintained on a disputed parcel of land in the Hindi/Manda Magogoni area, as over 130 Chandavai residents challenge what they describe as an unlawful takeover of their ancestral land. The residents claim that their families have occupied, cultivated, and developed the land for generations. They have sued several government agencies and private companies, including the Office of the President, the Cabinet Secretary for Defence, and Dangote Industries.
The court declined to certify the application as urgent but directed that it be served on the respondents, who have 14 days to file their responses. Justice Onyango further directed that the application be heard inter partes on October 14, 2026. The order comes as the residents seek protection of land they say their families have used for farming, livestock keeping, and other purposes.
The dispute involves 133 Chandavai residents who claim to hold identifiable portions of land comprised in or forming part of LR No. 13061. They allege that heavy machinery and bulldozers entered the land on August 7, 2024, destroying crops, trees, and other property. According to the residents, local administrators told them the works were linked to government agencies and the Lamu Port-South Sudan-Ethiopia Transport (LAPSSET) Corridor Development Authority.
The residents claim that the land had previously been acquired for the LAPSSET project before being allocated to the Ministry of Defence for infrastructure developments around Manda Bay. They say those developments included roads and the expansion of facilities around the Kenya Navy Base at Manda Bay, US Camp Simba, and Magogoni Airfield. Some residents were told not to interfere with the works and were promised compensation for crops and other losses.
The dispute has since widened to include proposed industrial development in the area. The residents claim that soil testing and other preparatory activities linked to a proposed Dangote refinery began in July 2026. They further allege that on September 10, 2026, police officers, chiefs, and other government agents cleared one of the disputed areas, telling residents it would be used for a groundbreaking ceremony.
The residents contend that the compulsory acquisition process risks compensating registered or absentee landowners while leaving out those who have actually occupied and used the land for generations. They have asked the court to protect their interests, arguing that the absence of registered title deeds does not, on its own, extinguish interests in land or property that may attract compensation.
The plaintiffs have raised constitutional and environmental issues, citing alleged violations of the right to property, fair administrative action, and access to information. The substantive application will come up for inter partes hearing on October 14, 2026, when the parties will present their respective positions.
Key points
- The court has ordered that the status quo be maintained on the disputed land until October 14, 2026.
- The residents claim that their families have occupied and used the land for generations, despite not holding formal title deeds.
- The dispute involves proposed industrial development, including a Dangote refinery, and compulsory acquisition of land.
