…Seek court order to halt groundbreaking, construction
By Joyce Ekeh with agency report
Plans to commence work on Aliko Dangote’s proposed $15 billion oil refinery project in Lamu, Kenya, have run into a legal challenge, with 133 residents of Chandavai community dragging the Kenyan government, Dangote Industries Limited and other parties to court over alleged unlawful takeover of their ancestral land.
The residents, led by Suleiman Ali, Kanywa Kamunde and Zubera Hassan, approached the Malindi Law Courts yesterday, asking the court to halt further activities on the disputed land pending the determination of their claims.
They alleged that their ancestral land had been taken over without proper notice, valuation, compensation or resettlement, insisting that development should not come at the expense of their land and cultural rights.
In their notice of motion, the residents said: “We are not opposed to development, but our land rights must be recognised before the project proceeds.”
The suit lists the Office of the President, Defence Cabinet Secretary, Lands Principal Secretary, Attorney-General, National Land Commission, LAPSSET Corridor Development Authority, Lamu County Government, Dangote Industries Limited and two construction companies as defendants.
The disputed parcel, identified as LR No. 13061 in Chandavai, is claimed by the families to have been occupied for decades, where they said they had farmed, grazed livestock and built homes, mosques and shrines.
The residents also told the court that some of their relatives were buried on the land, raising concerns that continued construction activities could destroy not only their livelihoods but also sites they regard as culturally and spiritually significant.
They are seeking conservatory orders restraining the defendants from carrying out further construction, excavation, ground-clearing or related activities on the land.
According to the petitioners, continued work would destroy crops, homes and cultural sites and could permanently alter the area before the court determines who has lawful and compensable interests in the property.
The residents alleged that on August 7, 2024, government officials and LAPSSET agents arrived at the land with bulldozers and destroyed crops and economic trees without prior notice or valuation.
They said they were subsequently informed that the land had been earmarked for LAPSSET and Ministry of Defence projects around Manda Bay, including roads serving the Kenya Navy Base, US Camp Simba and Magogoni Airfield.
The legal challenge comes as activities linked to the proposed refinery project gather pace. The court filings indicated that soil testing for the refinery began in July 2026, while police and local chiefs allegedly cleared one parcel on September 10 ahead of the proposed presidential launch.
The residents further alleged that on September 20, they discovered that the compulsory acquisition process had commenced, but that it was targeting absentee title holders rather than the people actually occupying and using the land.
They argued that the process violated provisions of Kenya’s Land Act and Articles 35, 40 and 47 of the Constitution, alleging that they were denied proper notices, valuation, public participation and compensation before the State moved to take possession.
The petitioners also accused the authorities of failing to comply with environmental assessment requirements before proceeding with activities connected to the project.
They are asking the court to compel the State to identify all genuine occupants of the disputed land as persons with compensable interests, conduct proper valuation and pay compensation before taking possession.
The case could therefore determine whether activities connected to the proposed refinery can proceed on the disputed parcel while the residents’ claims over ownership, occupation, compensation and environmental safeguards remain unresolved.
