A legal wrangle over land in Lamu has erupted as Aliko Dangote’s KSh2.2 trillion refinery nears groundbreaking, with 133 residents of Chandavai seeking court protection over ancestral land slated for the project. The residents have sued several agencies; LAPSSET Corridor Development Authority, Lamu County Government, Dangote Industries and two contractors over the occupation of LR No. 13061 In Hindi/Manda Magogoni that has been farmed, grazed and homesteaded for generations.

The residents claim that despite the lack of title deeds to the land, they have ancestral rights to it and are therefore entitled to compensation for any adverse effect the proposed uses would have on them.

The Malindi Environment and Land Court has ordered that the status quo of the land be maintained until October 14, 2026 when the case will be heard with all parties present. Justice Jane Onyango certified the residents’ petition as non-urgent and asked the respondents to present their cases before the inter partes hearing. Notably, the court did not issue an order restraining the September 30 groundbreaking by Dangote, leaving the legal battle to unfold as the oil tycoon’s team ramps up preparations for the commissioning of the refinery.

The residents had sought orders to prevent further excavation, clearing and construction on the grounds that it would cause irreversible damage to crops, homesteads, trees and other structures that cannot be compensated for in monetary terms. Their petition states that on August 7, 2024, government officials and LAPSSET engineers and contractors arrived at the land with excavators, tractors and trucks and proceeded to flatten bushes, slash trees and destroy crops belonging to the residents. It also alleges that after the initial clearance works, many families were forced to seek rental places to reside in as the Kenya Navy Base, US Camp Simba and Magogoni Airfield infrastructures around Manda Bay intensified.

The petition further alleges that soil testing for the proposed refinery commenced in July 2026 and on September 10, police officers, chiefs and other government officials arrived at the scene and informed the residents that the portion of land that they were occupying was to be used for the groundbreaking of the refinery. The petitioners have asked the court to compel the respondents to identify all persons with legitimate interest in the property, conduct valuation and pay compensation to the owners as required by law before taking possession of the land.

The residents’ petition seeks orders stopping any further excavation, land clearing or construction of structures on the land, restraining the respondents from taking possession of the property, and preventing the destruction of crops, homesteads, trees and other structures until the affected residents are appropriately compensated. They are also seeking an order requiring the respondents to conduct a valuation of the land, pay compensation to the landowners, and cover the costs incurred in pursuing the petition.

The petition further claims that some residents were surprised that the land was grabbed and they were evicted. They further allege that some of the owners were forced to stay in rented apartments while others sought alternatives. The petitioners seek an order directing the respondents to take possession of the disputed land only after compensation as provided in the law. According to the petition, compensation would be according to the value of the land or its uses, livestock, trees, crops, and improvements on the land.

The petition has attracted the attention of lawmakers who have urged the government to resolve the impasse and assure the residents of their rights. Makueni Senator Dan Maanzo said the affected landowners should be compensated before the government takes any land for public use. The senator further asked the government to declare the project, conduct an environmental assessment and allow the public to participate in the process of the establishment of the refinery.

“To the government, wherever they want to take land for public purposes, they should first pay for it and then take it. I also urge them to declare the project and conduct an environmental assessment and public participation for a project of this magnitude,” he said.

Tetu MP Geoffrey Wandeto has urged respect for the court orders made so far and said his understanding was that no party should undertake any actions on the land until the status quo order was lifted.

Currently, the main issue before the court is whether the long-term occupants of LR No. 13061 Have legal rights to the land and whether the acquisition of the land followed the procedures prescribed by law. The substantive hearing of the petition will commence on October 14, 2026, leaving the September 30 groundbreaking and the residents’ land claims as separate issues pending further directions from the court.