The Malindi Environment and Land Court has ordered parties to maintain the status quo on a disputed parcel of land in Lamu County until October 14.
This is as 133 Chandavai residents challenge the planned development of a Sh2 trillion Dangote refinery on land they claim as ancestral property.
Justice Jane Onyango issued the order concerning LR No. 13061 in the Hindi/Manda Magogoni area after an application filed by Salim Tima Swale against the State Law Office, the National Land Commission and six others.
The court declined to certify the application as urgent but directed that the respondents be served and given 14 days to file their responses.
The matter will be heard inter partes on October 14, 2026. In the meantime, the court directed that “the status quo prevailing” on LR No. 13061 be maintained.
The applicants had sought orders stopping the planned groundbreaking and development of the refinery. The court did not grant the request at this stage.
The proceedings indicate that the status quo order does not expressly prevent the parties from exercising their existing rights and abilities, including proceeding with the project.
The order comes ahead of a planned groundbreaking ceremony on Wednesday, September 30, which President William Ruto is expected to attend.
The proposed refinery is projected to process up to 700,000 barrels of crude oil per day once completed, potentially making it the largest refinery in East and Central Africa.
The land dispute involves 133 Chandavai residents who say their families have occupied, cultivated and developed portions of LR No. 13061 for generations.
In their court papers, the residents say they have used the land for farming and livestock keeping and have built homes, mosques and shrines on it. They also say some of their relatives are buried on the property.
Although they do not hold formal title deeds, the residents argue that their longstanding occupation, possession, customary or community tenure and beneficial use give rise to interests that should be recognised and protected.
They allege that heavy machinery and bulldozers entered the land on August 7, 2024, destroying crops, trees and other property.
The residents say they are not opposed to development but want their land rights recognised before the refinery project proceeds.
They further claim that on September 10, police and chiefs cleared one parcel ahead of the planned presidential groundbreaking.
The residents also claim they learnt on September 20 that a compulsory acquisition process had begun but was targeting absentee title holders rather than the people occupying the land.
They argue that the process breached provisions of the Land Act and Articles 35, 40 and 47 of the Constitution, citing alleged lack of notices, valuation, public participation and prior compensation.
The proposed refinery is part of wider plans to position Lamu as an energy and logistics hub under the Lamu Port-South Sudan-Ethiopia Transport (LAPSSET) Corridor.
The project is linked to crude oil reserves in Turkana and is expected to process crude from Kenya and other African sources.
The development comes as heavy equipment for the project continues to arrive at the Lamu deep seaport. This week, 2,930 metric tonnes of equipment were delivered to the port.
The court has warned that any disobedience or non-observance of its order will attract penal consequences.
The next major legal step will be the October 14 inter partes hearing, when the respondents will have an opportunity to respond to the application
