Kenya: Court Halts Dangote Refinery Groundbreaking in Lamu
Nairobi — A Malindi Environment and Land Court has temporarily stopped the planned construction of the multibillion-shilling Dangote refinery in Lamu County, pending the hearing and determination of an application filed by Salim Tima Swale and 132 others.
The court issued the interim orders after the petitioners moved the matter to court as urgent, seeking to halt preparations for the refinery project.
The applicants had sought orders restraining the Office of the President, Dangote Industries, the Lamu County Government and other respondents from proceeding with the groundbreaking ceremony scheduled for Wednesday, September 30, 2026.
The orders will remain in force pending further directions by the court on the application.
Justice Jane Onyango has certified as urgent a petition by Salim Tima Swale and 132 others and issued interim orders stopping any activities on land earmarked for the proposed Dangote refinery in Lamu County.
The judge directed that the prevailing status quo be maintained on L.R. No. 13061, located in the Hindi/Manda Magogoni area of Lamu County, pending further directions by the court.
"That in the interim the status quo prevailing on L.R. No. 13061 within the Hindi/Manda Magogoni area within Lamu County be maintained until October 14, 2026," Justice Onyango ordered.
The court temporarily barred the respondents from clearing, excavating, fencing, demolishing, constructing on, transferring, disposing of or otherwise interfering with the portions of the land occupied by the petitioners.
The orders were issued after the 133 petitioners moved to court seeking protection of their interests in the land, arguing that they have been in occupation and use of their respective portions for many years.
The petitioners say they are long-standing occupants, cultivators and farmers who have established homes and farms on the land, with crops, trees and other developments.
They argue that their interests in the land are not based solely on formal registration, but also arise from their actual occupation, possession, use, cultivation and development of the property.
The petitioners further contend that these interests should be recognised and taken into account in any compulsory acquisition process involving the land.
The interim orders will remain in force until October 14, 2026, when the matter is expected to come before the court for further directions.