Court orders Lamu residents to serve Dangote in refinery dispute

The High Court in Malindi has ordered 133 villagers of Lamu aggrieved by the construction of Dangote East Africa Refinery to serve the billionaire Aliko Dangote within seven days.

Justice Jane Anyango directed that the petitioners serve Dangote and all the state agencies cited in the said suit.

The 133 residents of Mvinjeni/Magogoni in Lamu villages, through their lawyer George Wakahiu, said they were unable to serve Dangote since he is a foreigner with no known address.

Justice Onyango declined to issue any interim orders for status quo over failure by the petitioners to serve Dangote and all the state agencies cited in the petition.

“You did not serve the respondents as per October 1 2026 directions. Serve him (Dangote) and all parties within 14 days before the hearing. Leave is granted to amend the petition within seven days,” said Justice Onyango.

The 133 residents are seeking to stop the construction of the sh2.2 trillion Dangote East Africa Refinery project in Lamu over a land compensation dispute.

The project is estimated to cover between 7000 to 10,000 acres of land, including the contested Mvinjeni/Magogoni villages.

The project, set for completion in 20230 forms part of the Lamu Port-South Sudan-Ethiopia-Transport (LAPSSET) corridor and is designed to process 700,000 barrels of crude oil daily.

It will also integrate a 1,000-megawatt power plant.

In his application for interim orders, Wakahiu said that he had issues with obtaining a CR12 that lists the address of Dangote’s companies involved in the drilling at the site at Lamu.

“I cannot manufacture a CR12,” said Wakahiu.

He told the court that drilling of soil for testing has already begun and asked for a status quo to be maintained.

Wakahiu said that villagers stand to suffer if the status quo is not maintained.

“I am worried about what is happening on the ground. We are seeking for status quo to be maintained, drilling of soils for testing has commenced and if the status is not maintained, the villagers will stand to suffer,” said Wakahiu.

The Attorney General (AG) Waswa said that they had not been served, nor had Southern Engineering Company Limited (SECO), which is part of the drilling company.

National Lands Commission (NLC) lawyer Irene Khaoya said that Wakahiu needed leave to serve Dangote, who is a foreigner.

SECO’s lawyer Gitonga said that service is mandatory in any legal suit and that there is an email for all the companies that Wakahiu seeks to serve and he just needed to know where to search.

“Service is mandatory. I have not been served and was not aware of this matter. There is an email for all these companies. Had he taken time to search SECO, he would have found the address where to serve,” said Gitonga.

Khaoya and Waswa opposed issuance of interim orders.

In a related petition, Wakahiu sought to amend his petition and rectify the parcel number that indicated land in Watamu instead of Lamu and also change the village name from Chandavai to Mvinjani/Magogoni.

Khaoya and Waswa applied that the interim orders issued be vacated, having been issued on a wrong parcel of land in Watamu.

They opposed Wakahiu’s attempt to make an oral application to change the parcel number and the village name from…

“We seek that the interim orders be vacated because they are touching on a different parcel of land in Watamu and not Lamu,” said Khaoya.

On her part, Waswa said the court cannot extend the interim orders because Wakahiu had not served all the respondents.

“Interim orders were to be extended upon serving us. The land in Lamu has no orders as it stands. The same orders cannot be granted because he has not served the parties,” said Waswa.

Justice Onyango ordered that Wakahiu should serve Dangote properly before hearing of applications can commence.

“Serve Dangote properly before we can come for hearing. The issue of amendment on the suit property is a serious matter and respondents are opposed. Amend and serve by the next hearing date,” said Justice Onyango.

Several petitions have been filed in Malindi and Nairobi seeking stoppage and disclosure of details pertaining to the approval of the said project, financial and related commitment by the government.

In Nairobi, Francis Onyango filed a petition seeking to make public details of the transaction documents, approvals and other documents that tie Kenya to the said project.

In the said petitions in Malindi and Nairobi, Dangote East Africa Refinery, the LAPSSET Corridor Development Authority, NLC, and Southern Engineering have been sued.

Also sued are Kenya Maritime Authority (KMA), National Infrastructure Fund (NIF), Capital Markets Authority (CMA), National Environment Management Authority (NEMA), Treasury, Energy and Petroleum Regulatory Authority (EPRA) and the Attorney General (AG).