Plans for the proposed Lamu refinery have reached an advanced stage, with a groundbreaking ceremony scheduled for Wednesday, September 30, 2026, despite an ongoing court dispute over the land earmarked for the project.
The dispute was filed on September 23 by 133 farmers and occupiers of LR No. 13061 in the Hindi/Manda/Magogoni area.
The applicants sued 10 defendants, including the national government, LAPSSET, the National Land Commission and Dangote Industries.
They told the court that they had occupied and cultivated the land for years, although they do not hold title deeds. They further alleged that they were excluded from the acquisition, compensation and resettlement process.
The applicants sought orders stopping Wednesday’s groundbreaking ceremony and any other launch or commencement-of-works event. They also wanted the court to halt further clearing, excavation, fencing and construction on the land they occupy pending determination of their claims.
However, on September 25, Justice Onyango declined to treat the application as urgent and did not issue the orders sought to stop the groundbreaking.
Instead, the judge directed the respondents to be served and respond within 14 days, with the matter scheduled for hearing on October 14, 2026.
The court also ordered that the status quo on LR No. 13061 be maintained until October 14. The order carries a penal notice.
Groundbreaking can proceed
The court order does not stop Wednesday’s groundbreaking ceremony. The applicants had sought such an order, but it was not granted.
At the same time, all parties are required to preserve the existing status quo on the disputed parcel until the October 14 hearing.
The document states that a ceremonial groundbreaking, including speeches, the unveiling of a plaque and symbolic turning of soil, can proceed without altering the condition of the land.
It notes that the ceremony site had already been cleared around September 10, before the court issued its status quo order. The cleared condition therefore forms part of the status quo that the court directed parties to preserve.
Land rights at centre of dispute
The wider court case will determine whether occupants without title deeds should be recognised, compensated and resettled.
Those substantive questions are scheduled to be heard from October 14.
The issue of the land occupants is separate from the application seeking to stop the refinery project, which the court has, for now, declined to grant.
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