Lamu Court Orders Status Quo in Chandavai Land Dispute

A court in Lamu has ordered that the status quo be maintained on a disputed parcel of land in the Hindi/Manda Magogoni area as 133 Chandavai residents challenge what they describe as an unlawful takeover of land they say their families have occupied for generations.

Justice Onyango declined to certify the residents’ application as urgent but directed that it be served on the respondents, who have 14 days to file their responses.

The application will be heard inter partes on October 14, 2026. Until then, the court has directed that the status quo on LR No. 13061 be maintained.

Residents Challenge Land Developments

The 133 residents have sued several government institutions and agencies, including the Office of the President, the Ministry of Defence, the State Department for Lands and Physical Planning, the Attorney General, the National Land Commission, the LAPSSET Corridor Development Authority and the Lamu County Government.

Dangote Industries and two companies described in the court papers as contractors have also been named as respondents.

The residents say their families have historically occupied, cultivated and developed identifiable portions of LR No. 13061 for farming and livestock keeping.

They further claim that homes, mosques, shrines and family graves are located on the disputed land.

Although they acknowledge that they do not hold formal title deeds, the residents argue that their longstanding occupation, possession and claimed customary or community interests should be recognised and protected.

Alleged Destruction and Displacement

According to the residents’ court filings, government officers and agents associated with LAPSSET entered the disputed area with heavy machinery and bulldozers on August 7, 2024.

They allege that crops, trees and other property were destroyed without prior notice, consultation or compensation.

The residents further claim that local administrators subsequently informed them that the land had previously been acquired for LAPSSET-related developments and later allocated to the Ministry of Defence for infrastructure works around Manda Bay.

They say those developments included roads and facilities around the Kenya Navy Base at Manda Bay, US Camp Simba and Magogoni Airfield.

The residents also allege that some families were forced to move into rented accommodation and that compensation was promised for some losses.

These claims remain contested and will be considered through the court process.

Dangote Refinery Adds to Land Dispute

The dispute has intensified as preparations continue for the proposed Dangote East Africa Refinery in Lamu.

The residents allege that soil testing and other preparatory activities linked to the proposed refinery began in July 2026.

They further claim that police officers, chiefs and other government officials cleared part of the disputed area on September 10, telling residents it would be used for a planned groundbreaking ceremony.

The court case comes days before the proposed September 30 groundbreaking of the refinery, a project reported to have an estimated value of about KSh2.2 trillion and planned processing capacity of up to 700,000 barrels of crude oil per day.

Heavy machinery has also arrived at Lamu Port ahead of the planned project launch.

Residents Raise Compensation Concerns

The plaintiffs say they subsequently became aware of a compulsory acquisition process involving land in Lamu.

They argue that the process could leave out people who have occupied and used the land for generations because their interests are not reflected in formal land records.

The residents are relying on constitutional and land-law provisions concerning property rights and compulsory acquisition.

They allege that statutory requirements, including identification of affected persons, notices, valuation, inquiries and compensation, were not properly followed.

They also claim that some crops, trees and other property were destroyed without prior valuation or compensation.

Constitutional and Environmental Issues Raised

Beyond land ownership and compensation, the residents have raised constitutional and environmental concerns.

They allege violations relating to the right to property, fair administrative action and access to information. They have also questioned whether applicable environmental requirements for the proposed developments were followed.

The residents are asking the court to protect their claimed interests while the dispute is determined.

Their case places longstanding community land claims alongside major infrastructure and industrial development plans involving LAPSSET, Manda Bay and the proposed refinery.

Court Sets October Hearing

For now, the court has not made a final determination on ownership of the disputed land or the residents’ substantive claims.

The immediate order requires the existing situation on LR No. 13061 to be maintained pending the inter partes hearing.

The respondents have 14 days to respond, after which the parties are expected to present their respective positions when the matter comes before the court on October 14, 2026.

The case could determine how the competing claims over land, compensation and proposed development in the Chandavai and Manda Magogoni area are addressed.