More than 130 residents of Chandavai in Lamu County have filed a lawsuit to halt the planned groundbreaking of the proposed Dangote oil refinery. The residents claim that the project could displace families who have occupied and cultivated the disputed land for generations. They are seeking a court order to stop construction, excavation, and other activities on land they claim forms part of LR No. 13061 until their alleged community and customary interests are identified and determined.
The case has been filed just days before the planned September 30 groundbreaking ceremony for the proposed refinery. The residents, who have sued the Office of the President, the Ministry of Defence, and other government agencies, claim that their families have occupied, cultivated, and developed portions of the disputed land for generations despite not holding formal title deeds. The land has supported farming and livestock keeping, while families have established homes, mosques, and shrines.
The plaintiffs argue that the absence of registered title does not extinguish their interests in the land or their entitlement to compensation if it is acquired for public purposes. They allege that government and LAPSSET agents entered the area with heavy machinery on August 7, 2024, destroying crops, trees, and other property without prior notice, consultation, or compensation. The residents claim that they were subsequently informed that the land had been acquired for LAPSSET-related infrastructure around Manda Bay.
The dispute escalated in September when police officers, chiefs, and other government officials cleared one of the disputed parcels on September 10 and informed residents that the site would be used for the refinery’s groundbreaking ceremony. The plaintiffs say they later learnt that a compulsory acquisition process had been initiated involving land in Lamu. They are challenging what they describe as an inadequate acquisition process, arguing that authorities failed to properly identify and recognise people who have occupied and used the land for generations.
The residents accuse the authorities of failing to issue required statutory notices, conduct proper surveys and valuations, identify affected interests, hold necessary inquiries, and compensate affected residents before taking possession. They also claim some families were forced to relocate to rented accommodation after their property was affected by earlier developments. The residents want the court to prevent further destruction of crops, trees, homes, and other structures.
The case also raises environmental and constitutional questions, with the plaintiffs alleging violations of their rights to property, fair administrative action, and access to information. They further accuse the authorities and project developers of failing to comply with applicable environmental assessment requirements. At the centre of the dispute is a clash between long-standing community occupation claims and plans for major infrastructure and industrial development in Lamu.
The court is being asked to determine whether activities on the disputed land can proceed before the residents’ alleged interests are formally identified and addressed. The plaintiffs are seeking a court order to halt the refinery project until their concerns are addressed. The case has significant implications for land rights and environmental protection in Kenya.
Key points
- The lawsuit highlights the challenges of balancing development projects with community land rights and environmental protection.
- The case raises questions about the adequacy of land acquisition processes and the protection of community interests.
- The dispute underscores the need for effective consultation and compensation mechanisms for affected communities.
