A planned groundbreaking of the proposed Sh2.2 trillion Dangote East Africa Refinery in Lamu has been hit by a fresh legal hurdle. The Environment and Land Court ordered parties to maintain the status quo on a disputed parcel of land linked to the project. The order was issued by Malindi Environment and Land Court Judge Jane Onyango on Friday, September 25. This development comes just a day before the planned September 30 groundbreaking ceremony.

The case was filed by Salim Tima Swale and 132 other residents over land identified as LR No. 13061 in the Hindi/Manda Magogoni area of Lamu County. The petitioners claim they have occupied, cultivated, and developed portions of the disputed land for generations. They argue that the planned expansion projects in the area, including the Dangote refinery, could result in forced eviction, destruction of property, and displacement without a resettlement plan.

The court did not certify the application as urgent and did not expressly stop the September 30 groundbreaking. Instead, Justice Onyango directed that the respondents be served and given 14 days to respond. The status quo prevailing on LR No. 13061 must be maintained until the matter is heard on October 14, 2026. The court order carries a penal notice warning that disobedience or non-observance could attract penal consequences.

The proposed Dangote East Africa Refinery is one of the largest industrial projects currently planned for Kenya. The facility is projected to cost between $15 billion and $17 billion, with recent estimates putting the investment at about Sh2.2 trillion. It is designed to process up to 700,000 barrels of crude oil per day, potentially making it the largest refinery in East Africa if completed at the proposed capacity.

President William Ruto toured the Dangote Refinery in Lekki, Lagos State, Nigeria, at the invitation of Dangote Group President and CEO Aliko Dangote ahead of the groundbreaking ceremony for the Dangote East African Refinery in Lamu, Kenya. Ruto described the Nigerian facility as a model of what African governments, investors, and financial institutions could achieve together.

On September 26, the Port of Lamu received the MV Da Yang, carrying about 2,930 metric tonnes of heavy construction machinery intended for the refinery project. The arrival was described by officials as a major step towards construction of the facility. President Ruto has said the refinery could create about 60,000 jobs, while the government has also linked it to wider industrialisation and energy-security ambitions.

The case names several government institutions and agencies, including the Office of the Attorney General, National Land Commission, LAPSSET Corridor Development Authority, and Lamu County Government, alongside Dangote Industries and companies identified as its agents and contractors. The residents maintain that they are not opposed to development but want their land interests addressed before the project proceeds.

Key points

  • A Lamu court has ordered status quo on disputed land linked to the Sh2.2 trillion Dangote refinery.
  • The planned groundbreaking of the Dangote East Africa Refinery has been hit by a fresh legal hurdle.
  • The refinery project is expected to create about 60,000 jobs and drive industrialisation and energy-security ambitions.

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SaharaWire Newsroom
SaharaWire

Reporting for SaharaWire from the Nairobi bureau.