Editor's Review

Justice Mburu determined that the matter will therefore be heard on a priority basis.

The High Court has certified as urgent a case seeking disclosure of details surrounding the Dangote East Africa Petroleum Refinery and Petrochemicals SEZ project. 

Justice David Mburu issued the directive on Tuesday, October 6, upon considering the application, the supporting affidavit and the petition. 

Justice Mburu determined that the matter will therefore be heard on a priority basis.

"It is hereby ordered that the application, the petition and these directions be served physically within two days and a return service be filed," the court document read.

The judge further ordered the respondents and interested parties to file and serve their responses to the motion and the petition within seven days of service. Thereafter, the petitioner shall be at liberty to file a rejoinder if need be.

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A file photo of the Milimani Law Courts

"Any such rejoinder shall be filed together with written submissions on the application and served within 14 days of receipt of the responses," the Judge ordered.

Justice Mburu directed that the respondents and the interested parties shall file and serve their written submissions on the application within 14 days of receipt of the petitioner's submissions.

He added that after that, the petitioner shall be at liberty to file and serve supplementary submissions on points of law within seven days of receipt of the respondents' and interested parties' submissions.

The High Court Judge ordered that the matter be mentioned in court on November 12, 2026, to confirm compliance and take further directions.

The petition was filed by the Consumers Federation of Kenya (COFEK). COFEK wants the government to clarify how the proposed stake will be acquired, including the acquisition vehicle, share class, payment terms, and whether the amount reported has been budgeted, committed, or actually disbursed.

The petitioners also seek details on a reported Ksh21.5 billion seed allocation linked to the project, asking the committee to distinguish between funds set aside in the budget and money that has actually been committed or paid.