Court has declined to certify as urgent an application by 133 Mvinjeni farmers seeking to stop Wednesday’s planned groundbreaking of the proposed Sh2 trillion Dangote refinery in Lamu.
Lady Justice Jane Onyango of the Environment and Lands Court in Malindi instead directed the farmers to serve the application on all respondents, who have 14 days to file their responses.
The judge fixed the application for an inter partes hearing on October 14, 2026, and ordered that the status quo on LR No. 13061 in the Hindi/Manda Magogoni area of Lamu county be maintained until then.
The order preserves the existing position on the disputed parcel pending the hearing, allowing all parties to present their positions before the court considers substantive orders.
The farmers, led by Tima Swaleh, had filed a Notice of Motion dated September 23 seeking urgent orders to stop the government, Dangote Industries and other respondents from holding, conducting or participating in the planned groundbreaking ceremony scheduled for September 30.
President William Ruto is expected to preside over the ceremony during his eight-day development tour of the Coast.
The applicants argue that proceeding with the groundbreaking and related construction activities could prejudice their claims over the land and result in further destruction of their property.
They claim to have occupied and cultivated portions of LR No. 13061 for generations and are challenging the manner in which the land is being acquired for the refinery project.
The farmers have sued the Office of the President, Ministry of Defence, State Department for Lands, Attorney General, National Land Commission, LAPSSET Corridor Development Authority, Lamu County Government, Dangote Industries and other parties.
They want the court to restrain the respondents and their agents from entering, clearing, excavating, fencing, demolishing structures or commencing construction on the disputed land.
The applicants also want protection of crops, trees, houses, livestock facilities, graves, religious structures and other developments they say are situated on the land.
They allege that machinery and workers had already entered the area, cleared farms and undertaken drilling and soil testing, resulting in the destruction of some crops and trees. They further claim that one of the plaintiffs had his house demolished.
The farmers also allege that some residents have not been properly identified, surveyed or compensated despite occupying the land for decades.
They are seeking a joint survey and site inspection to establish the portions occupied by individual farmers and document crops, trees, homes and other developments.
They also want the National Land Commission to investigate their claims and recognise them as interested parties in the acquisition process.
Among the documents they want disclosed are notices of intention to acquire the land, Gazette notices, survey plans, valuation reports, compensation schedules, inquiry records and lists of persons identified as interested parties.
The farmers are also seeking compensation for land, crops, trees, houses and other developments, as well as restitution or restoration, resettlement of displaced residents and costs of the suit.
They have further raised environmental concerns and questioned whether all required environmental assessment procedures were followed.
The case will be heard inter partes on October 14, when the applicants and respondents will have an opportunity to present their positions.
INSTANT ANALYSIS
The court has not stopped the September 30 Dangote refinery groundbreaking, but neither has it closed the door on the farmers’ challenge. Justice Jane Onyango declined to certify their application as urgent, ordered service on the respondents and directed them to respond within 14 days. The judge has, however, preserved the status quo on the disputed land until October 14, when the competing claims will be heard.
