Court Issues Order on Dangote Refinery Project in Lamu Ahead of Launch

The Malindi Environment and Land Court has declined to certify as urgent an application seeking to stop the planned groundbreaking ceremony for the Dangote Refinery project in Lamu County.   

The application was filed on Wednesday, September 23, by 133 farmers and occupiers of L.R. No. 13061 in the Hindi/Manda/Magogoni area of Lamu County. 

The applicants sued 10 defendants, including the national government, LAPSSET, the National Land Commission and Dangote Industries, alleging that they had occupied and cultivated the land for years despite not holding title deeds.

They further claimed that they had been left out of the acquisition, compensation and resettlement process involving the land.

The applicants had asked the court to stop the planned groundbreaking ceremony scheduled for Wednesday, September 30, as well as any other launch or commencement-of-works event on the disputed land.

They also wanted the court to halt further clearing, excavation, fencing and construction on the portion of land they occupy while their claims were being considered. 

Court Ruling and What it Means 

The application came before Lady Justice Jane Onyango, who did not certify the application as urgent, denying the applicants the immediate stop orders.

Instead, the court directed that the application be served on the respondents, who have 14 days to file their responses. The matter was then fixed for an inter partes hearing on October 14, 2026. 

At the same time, the court directed that the existing status quo on L.R. No. 13061 within the Hindi/Manda Magogoni area be maintained pending the next mention date. 

"That in the interim the status quo prevailing on L.R. No.13061 within Hindi/Manda Magogoni area within Lamu County be maintained until 14.10 26. Given under my hand and seal of the Honourable Court this j25.9.26," the court directed.

Notably, the requirement to maintain the status quo means that the parties must preserve the existing state of affairs on L.R. No. 13061 until the matter comes up for inter partes hearing on October 14. 

In practical terms, the planned groundbreaking can take place as a ceremonial event, including speeches, unveiling of a plaque, and a symbolic turning of soil, as these activities do not necessarily change the existing condition of the land.

The ceremony site had already been cleared around September 10, before the court issued its order on September 25. That cleared condition therefore forms part of the status quo that the court has ordered the parties to maintain.

The order consequently allows the parties to remain in the position they were in when the court issued its directions, while preventing either side from using the intervening period to make changes that could affect the dispute before the October hearing.

This comes days after Deputy President Kithure Kindiki announced that preparations were underway for the launch of the refinery project.

Speaking from his office on Tuesday, September 22, the Deputy President confirmed that the event was scheduled for Wednesday, September 30. 

Kindiki said the government was holding regular meetings to assess preparedness for the launch, which is expected to bring together senior regional leaders and members of the local community.

"We are having a regular meeting on the preparedness around the launch of the East Africa Refinery Project, which is going to happen on September 8, 2026, in Lamu. This is a very, very important project for our country and for the region," he said.

Kindiki said the refinery project was expected to provide petrochemical refinery services and support industrial operations in the region.

He added that President William Ruto was expected to host several heads of state and government from the region during the launch, while the local community would also participate in the event.

"It is going to provide petrochemical refinery services and industrial operations for this region. We are expecting President William Ruto to host a number of heads of state and government from the region. We are also expecting the local community to be part of this launch, and the event is on course," he added.

Kindiki said preparations had entered the final stages, with authorities working on protocol, the event programme, security and logistics to ensure the launch was conducted according to the importance attached to the project.

"We are now putting up the final preparations to ensure that all the guests who come receive the right protocol reception, that the programme of the event is managed in accordance with the stature of this event, and that security and logistics are organised to the standards of this event," he further said.