LAMU, Kenya—The planned groundbreaking of the proposed Dangote oil refinery in Lamu has run into a fresh legal challenge, with 133 residents of Chandavai asking the court to stop activities on land they claim their families have occupied for generations.
The residents want construction, excavation and other activities on the disputed land halted until their alleged community and customary interests are identified and determined.
Their case comes just days before the planned September 30 groundbreaking of the Sh2.2 trillion refinery, adding a new layer to the controversy surrounding major infrastructure and industrial projects in Lamu.
The residents have sued the Office of the President, Ministry of Defence, State Department for Lands and Physical Planning, Attorney General, National Land Commission, LAPSSET Corridor Development Authority, Lamu County Government and Dangote Industries, alongside two companies described as contractors.
In court documents, the residents say their families have lived on and used portions of the disputed LR No. 13061 for generations despite lacking formal title deeds.
They say the land has been used for farming and livestock keeping and contains homes, mosques, shrines and, in some cases, ancestral graves.
The residents argue that failure to hold registered title does not extinguish their interests in the land or their right to compensation if the property is compulsorily acquired.
They allege that government and LAPSSET agents entered the area with heavy machinery on August 7, 2024, destroying crops, trees and other property without adequate notice, consultation or compensation.
The residents claim they were later informed that the land had been acquired for LAPSSET-related infrastructure around Manda Bay, including developments associated with the Kenya Navy Base, US Camp Simba and Magogoni Airfield.
They further allege that soil testing and other preparatory activities linked to the proposed refinery began in July 2026.
According to the plaintiffs, the dispute escalated on September 10 when police officers, chiefs and other government officials cleared one of the disputed parcels and told residents the site would be used for the refinery’s groundbreaking ceremony.
The residents say they subsequently learnt that a compulsory acquisition process had been initiated involving land in Lamu.
They are challenging the process, alleging that authorities failed to adequately identify people who have occupied and used the land for generations.
The plaintiffs accuse the authorities of failing to issue required notices, conduct proper surveys and valuations, identify affected interests, hold necessary inquiries and compensate residents before taking possession.
They also claim that some families were forced into rented accommodation after their property was affected by earlier developments.
The residents are asking the court to stop further destruction of homes, crops, trees and community structures on the disputed land.
They argue that ancestral homes, graves and other community sites cannot simply be replaced through monetary compensation.
The case also raises environmental and constitutional questions, with the residents 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.
The court challenge now places the land question at the centre of the proposed refinery’s arrival in Lamu, with the residents seeking to have their alleged interests addressed before activities on the disputed land proceed.
