NAIROBI, Kenya, Sep 29 – The High Court has declined to block the planned Dangote refinery project in Lamu, clearing the way for Wednesday’s groundbreaking ceremony despite a pending land dispute involving at least 133 residents of Chandavai.
The court’s decision allows the project to proceed while preserving the parties’ legal rights in the ongoing dispute.
The residents had moved to court seeking to stop what they describe as the unlawful takeover and destruction of land they claim their families have occupied and used for generations.
They sued the Office of the President, the Cabinet Secretary for Defence, the State Department for Lands and Physical Planning, the Attorney General, the National Land Commission (NLC), the Lamu Port-South Sudan-Ethiopia Transport (LAPSSET) Corridor Development Authority and the Lamu County Government.
Dangote Industries and two companies identified as contractors were also named as defendants.
In their court filings, the residents claim to have occupied, cultivated and developed identifiable portions of land forming part of LR No. 13061 in Chandavai.
They argue that their families have used the land for farming and livestock keeping for generations, establishing homes, mosques, shrines and other community structures.
Some of the residents also claim that their relatives are buried on the disputed land.
The plaintiffs had sought court orders to stop ongoing construction and excavation, warning that the works could lead to further destruction of crops, trees, homes and other property.
They argued that some of the affected property, including ancestral homes, graves and long-standing community structures, could not be adequately compensated through monetary payments.
The court’s decision means the planned groundbreaking can proceed as the land dispute remains subject to further legal proceedings.
The residents’ claims are yet to be determined by the court.
