Drama as 130 Lamu Residents Sue Over Land Set Aside for Dangote Refinery
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The richest man in Africa, Aliko Dangote, has faced yet another setback before his opening of his 2 trillion oil refinery project in Lamu County as residents take the matter to court.
Preparations for the groundbreaking ceremony in September 30 2026 are ongoing. Many Lamu residents, more than 130, have moved to court seeking to stop what they say is an unlawful takeover.
According to the residents, the takeover is unlawful, and the land that is intended for the oil refinery has been owned by families and cultivated for generations.
Residents claim the development linked to the Nigerian billionaire risks displacing them without any resettlement plan or compensation.
Petitioners have filed a case against the Office of the President, the Cabinet Secretary for Defence, the State Department for Lands and Physical Planning, the Attorney General, the National Land Commission (NLC), the LAPSSET Corridor Development Authority, the Lamu County Government, Dangote Industries, and two firms identified as contractors.
Land Dispute
Additionally, the residents say they have lived on, cultivated, and developed identifiable sections of land forming part of LR No. 13061 in Chandavai for generations.
They are now seeking the court’s intervention, arguing that ongoing construction and excavation could lead to further destruction of crops, trees, homes and other property while permanently changing the nature of the disputed land.
“Continued construction or excavation will cause further destruction of crops, trees, structures and other property and will materially alter the physical character of the land, thereby making the dispute substantially more difficult to resolve,” the plaintiffs state in court documents.
Also Read: Kenyans Call Out Greenpeace Africa Over Opposition to Proposed Dangote Oil Refinery in Lamu
In addition, residents accuse government agencies of unlawful displacement over Chandavai land
According to the court documents, their families have long relied on the land for farming and livestock keeping while also building homes, mosques and shrines.
Some Relatives Buried On The Land
Further, they state that some of their relatives are buried on the disputed land, making parts of it irreplaceable through financial compensation alone.
The plaintiffs argue that the land qualifies as community land under the stewardship of the Lamu County Government and say they have occupied it peacefully for decades without ownership disputes.
However, they maintain that ancestral homes, graves, mature trees and community structures cannot simply be replaced with money.
Allegedly, on August 7, 2024, government officers and agents linked to the LAPSSET project entered the area with bulldozers and other heavy machinery, destroying crops, trees and property without prior notice, consultation or compensation.
Additionally, they claim local administrators later informed them that the land had previously been acquired for the LAPSSET project before being allocated to the Ministry of Defence for infrastructure works around Manda Bay, including roads, the Kenya Navy Base, US Camp Simba and Magogoni Airfield.
Compensation
Some residents say they were warned not to obstruct the works and were promised compensation for damaged crops and other losses, while others claim they were forced to move into rented houses to pave the way for the developments.
The dispute has since intensified following plans to establish a Dangote refinery in Lamu.
Moreover, plaintiffs allege that soil testing and other preparatory activities linked to the project began in July 2026 before local administrators informed them that the refinery would proceed alongside the LAPSSET and Manda Bay projects.
Furthermore, they claim that on September 10, 2026, police officers, chiefs and other government officials cleared part of the disputed land, saying it would host the refinery’s groundbreaking ceremony.
According to the plaintiffs, they later learnt around September 20 that the government had begun a compulsory land acquisition process in Lamu.
Absence Of Title Deeds
So they allege that the exercise seeks to compensate absentee title holders while excluding residents who have occupied and used the land for generations.
The residents insist that the absence of title deeds does not extinguish their interests in the land or their right to compensation.
They cite Article 40 of the Constitution and provisions of the Land Act, arguing that people who occupy and use the land should be recognised as having compensable interests even where those interests are not reflected in official records.
The plaintiffs accuse the defendants of failing to follow the legal procedure for compulsory acquisition by allegedly failing to issue statutory notices, conduct surveys and valuations, identify affected persons, hold inquiries and compensate residents before taking possession.
Also, they claim authorities failed to adequately consult affected communities or facilitate meaningful public participation, while crops, trees and other property were allegedly destroyed without valuation or compensation.
Meanwhile, the residents argue that the alleged actions violated their constitutional rights to property, fair administrative action and access to information.
Also Read: CMA Clarifies Dangote IPO Status as Kenyan Investors Show Interest
As a result, they further accuse the authorities of failing to comply with environmental laws and assessment procedures before undertaking the developments.
At the same time, they also fault the National Land Commission, the State Department for Lands and the Lamu County Government for allegedly failing to recognise or protect their claimed interests, leaving them vulnerable to displacement.
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Nigerian Billionaire Aliko Dangote. PHOTO/ File
