A Malindi court has declined to certify as urgent an application by 133 Mvinjeni farmers seeking to stop the planned groundbreaking of the proposed Sh2 trillion Dangote refinery in Lamu. The farmers, led by Tima Swaleh, had filed a Notice of Motion dated September 23 seeking urgent orders to stop the government, Dangote Industries and other respondents from holding, conducting or participating in the planned groundbreaking ceremony scheduled for September 30.
Lady Justice Jane Onyango of the Environment and Lands Court in Malindi instead directed the farmers to serve the application on all respondents, who have 14 days to file their responses. The judge fixed the application for an inter partes hearing on October 14, 2026, and ordered that the status quo on LR No. 13061 in the Hindi/Manda Magogoni area of Lamu county be maintained until then.
The order preserves the existing position on the disputed parcel pending the hearing, allowing all parties to present their positions before the court considers substantive orders. The farmers claim to have occupied and cultivated portions of LR No. 13061 for generations and are challenging the manner in which the land is being acquired for the refinery project.
The applicants argue that proceeding with the groundbreaking and related construction activities could prejudice their claims over the land and result in further destruction of their property. They allege that machinery and workers had already entered the area, cleared farms and undertaken drilling and soil testing, resulting in the destruction of some crops and trees.
President William Ruto is expected to preside over the ceremony during his eight-day development tour of the Coast. The farmers have sued the Office of the President, Ministry of Defence, State Department for Lands, Attorney General, National Land Commission, LAPSSET Corridor Development Authority, Lamu County Government, Dangote Industries and other parties.
The case will be heard inter partes on October 14, when the applicants and respondents will have an opportunity to present their positions. The farmers are seeking a joint survey and site inspection to establish the portions occupied by individual farmers and document crops, trees, homes and other developments.
The farmers are also seeking compensation for land, crops, trees, houses and other developments, as well as restitution or restoration, resettlement of displaced residents and costs of the suit. They have further raised environmental concerns and questioned whether all required environmental assessment procedures were followed.
Key points
- The court has not stopped the September 30 Dangote refinery groundbreaking, but neither has it closed the door on the farmers’ challenge.
- The judge has preserved the status quo on the disputed land until October 14, when the competing claims will be heard.
- President William Ruto is expected to preside over the ceremony during his eight-day development tour of the Coast.
