The proposed kick-off of the Dangote Refinery project in Lamu, Kenya, has been temporarily halted after the Environment and Land Court in Kilifi ordered parties to maintain the status quo over the disputed land.
The judge, Lady Justice Jane Onyango issued the interim order on 25 September 2026 in a case filed by Salim Tima Swale and 132 other petitioners against the State Law Office, the National Land Commission and six others.
The dispute concerns L.R. No. 13061, located within the Hindi/Manda Magogoni area of Lamu County, where the petitioners claim longstanding interests in the land.
“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,” the court ordered.
The matter has been scheduled for an inter partes hearing on 14 October 2026.
Justice Onyango also directed that the application dated 23 September 2026 be served on the respondents and ordered them to file their responses within 14 days.
The court also issued a penal notice warning that disobedience or non-observance of the order could attract penal consequences.
Petitioners Challenge Land Use
The 133 petitioners claim that they and their ancestors have occupied, cultivated, developed and used identifiable portions of L.R. No. 13061 for generations.
They argue that their interests in the land arise from longstanding occupation, customary and community tenure, possession and beneficial use.
The petitioners further allege that the planned expansion projects in the area, including the Dangote refinery project, could result in forced evictions, destruction of property and displacement.
They contend that no resettlement plan has been provided for affected residents, warning that the projects could leave them displaced within their own county.
The disputed parcels are said to be near or adjacent to the Manda Bay Camp, which includes the Kenya Navy Base and U.S. Camp Simba, as well as the Magogoni Airfield.
The petitioners maintain that the land constitutes community land under the stewardship of the Lamu County Government and that they have occupied it peacefully without previous ownership disputes.
The case names several government and private entities as defendants, including an agency responsible for overseeing the Lamu Port-South Sudan-Ethiopia Transport (LAPSSET) Corridor Project, the County Government of Lamu and Dangote Industries, alongside its agents and contractors.
Dangote Group however said the court ruling will not stop the groundbreaking ceremony for the planned $16 billion, 700,000-barrel-per-day refinery in Lamu, although some activities at the site could be affected.
