Lamu Residents Go to Court Over Land Ahead of Dangote Refinery

More than 130 residents of Chandavai in Lamu County have moved to court in a land dispute that has emerged ahead of the planned groundbreaking of the KSh2.2 trillion Dangote East Africa Refinery.

The 133 residents are challenging what they describe as the unlawful takeover and destruction of land their families have occupied, cultivated and developed for generations. The case comes as preparations intensify for the refinery's September 30 groundbreaking ceremony.

The proposed refinery, backed by Nigerian businessman Aliko Dangote and the Africa Finance Corporation, is planned as a 700,000-barrel-per-day facility on LAPSSET land in Lamu. Recent reports indicate that heavy construction equipment has already arrived at Lamu Port ahead of the planned launch.

Residents Challenge Alleged Land Takeover

The 133 plaintiffs 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, LAPSSET Corridor Development Authority and the Lamu County Government.

Dangote Industries and two companies identified in the court case as contractors have also been named as defendants.

The residents say their families have historically occupied and used identifiable portions of land forming part of LR No. 13061 in Chandavai.

According to their court filings, the land has been used for farming and livestock keeping, while families have also established homes and community facilities on the disputed parcels. They further claim that some family members are buried on the land.

The residents argue that their interests arise from long-standing occupation, possession, customary or community tenure and beneficial use, despite the absence of formal title deeds.

Residents Raise Displacement Concerns

The plaintiffs claim that ongoing construction and excavation could destroy crops, trees, homes and other property and permanently change the physical character of the disputed land.

They argue that some of the affected property, including ancestral homes, graves, trees and community structures, cannot easily be replaced through financial compensation.

The residents further allege that government officers and agents associated with LAPSSET entered the disputed land on August 7, 2024, using heavy machinery and bulldozers.

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

According to the residents, local administrators later informed them that the government had acquired the land for LAPSSET-related development and that portions had subsequently been allocated for infrastructure works around Manda Bay.

The plaintiffs say the developments included roads and expansion of facilities around the Kenya Navy Base, US Camp Simba and Magogoni Airfield.

They further allege that some families were instructed to move or were forced to seek alternative accommodation while awaiting compensation.

Dispute Expands With Dangote Refinery Plans

The land dispute has gained additional significance following preparations for the proposed Dangote refinery.

The residents allege that soil testing and other preliminary activities connected to the refinery began in July 2026.

They further claim that on September 10, police officers, chiefs and other government agents cleared part of the disputed land and informed residents that the area would be used for the refinery's groundbreaking ceremony.

The planned groundbreaking is scheduled for September 30, with President William Ruto expected to lead the event alongside Dangote and other officials. Government preparations have been underway for the ceremony, which is expected to attract senior regional and international representatives.

Residents Question Compulsory Acquisition Process

The plaintiffs say they learnt around September 20 that the government had begun a compulsory acquisition process involving land in Lamu.

They allege that the process could result in compensation being directed toward registered or absentee landowners while excluding people who have actually occupied and used the land for generations.

The residents argue that the absence of registered title deeds does not necessarily extinguish their claimed interests in the land or their entitlement to compensation.

They have invoked constitutional and statutory provisions concerning property rights and compulsory acquisition, including Article 40(4) of the Constitution and provisions of the Land Act.

The plaintiffs contend that people who occupy and use the land should be identified and considered where they have compensable interests, even if those interests are not reflected in the formal land register.

Alleged Procedural and Environmental Concerns

The residents accuse the defendants of failing to follow the statutory requirements governing compulsory acquisition.

Among the issues raised are alleged failures to provide required notices, conduct surveys and valuations, identify affected persons, hold the necessary inquiries and provide compensation before possession is taken.

They also allege inadequate consultation and public participation.

The plaintiffs further claim that crops, trees and other property were destroyed without proper valuation or compensation.

In addition, the residents have raised environmental concerns and allege that applicable requirements under Kenya's environmental laws and assessment procedures were not adequately followed.

They say the alleged actions have affected constitutional rights relating to property, fair administrative action and access to information.

A Larger Development Dispute

The case places long-standing community land claims in Chandavai against a series of major infrastructure and industrial development plans in Lamu.

The area has been associated with LAPSSET projects and infrastructure around Manda Bay, while the proposed Dangote refinery represents a much larger planned industrial investment.

The refinery is expected to process up to 700,000 barrels of crude oil per day and is being positioned as a major regional petroleum-processing and industrial project. Recent reports also indicate that heavy machinery has begun arriving through Lamu Port ahead of the planned groundbreaking.

For the Chandavai residents, however, the immediate issue is the status of the land they say their families have occupied and used for generations.

Their court case seeks judicial intervention over the alleged acquisition, construction activities, destruction of property and recognition of their claimed interests in the disputed land.

The court proceedings will determine how those competing claims are addressed as Kenya moves toward the planned September 30 launch of the Lamu refinery project.