The planned groundbreaking of the Lamu refinery is set to proceed on Wednesday, September 30, after the High Court declined to stop the ceremony sought by a group of 133 farmers and other occupants claiming an interest in the project site. However, the court has ordered all parties to maintain the existing status quo on the disputed land until the matter is heard on October 14, 2026.
Highlights
- The refinery groundbreaking is scheduled for Wednesday, September 30.
- A group of 133 farmers and occupants moved to court over LR No. 13061.
- The applicants sought to stop the groundbreaking and further works on the land.
- The court declined to issue orders stopping the ceremony and scheduled the case for October 14.
- The existing condition of LR No. 13061 must be maintained until the hearing.
Main Story
Farmers Challenge Refinery Project
The planned Lamu refinery has run into a legal challenge from 133 farmers and other occupants of LR No. 13061 in the Hindi, Manda and Magogoni areas.
The group filed a case on September 23, 2026, naming 10 respondents, among them the national government, LAPSSET, the National Land Commission and Dangote Industries.
The applicants say they have lived on and used the land for farming for years despite not holding formal title deeds. They argue that they were not properly included in the land acquisition, compensation and resettlement process linked to the development.
What the Applicants Wanted
The group approached the court seeking orders that would prevent the planned groundbreaking ceremony on September 30.
They also wanted the court to stop any other project launch or commencement-of-works event, alongside activities such as clearing, excavation, fencing and construction on the portion of land they occupy.
Their position is that these activities should not proceed before their claims over the land are properly determined.
Court Declines to Stop Groundbreaking
On September 25, Justice Onyango declined to treat the application as urgent and did not issue the orders sought by the applicants to halt Wednesday’s event.
Instead, the respondents were directed to respond to the case within 14 days, with the matter scheduled for hearing on October 14, 2026.
The court also directed that the status quo on LR No. 13061 be maintained until that date. The order comes with a penal notice, meaning parties are required to comply with it.
So, Can the Groundbreaking Happen?
Based on the orders described in the case, there is currently no court order prohibiting Wednesday’s groundbreaking ceremony.
The applicants asked the court to stop the event, but that request was not granted.
The status quo order is different. It requires the existing condition of the disputed land to be preserved pending the October hearing.
A ceremonial event involving speeches, the unveiling of a plaque or a symbolic turning of soil would not, on its face, necessarily alter the physical condition of the property.
The significance of the existing condition is also important because the area designated for the ceremony had reportedly already been cleared around September 10, before the court issued its September 25 order. That condition therefore forms part of the state of affairs the court directed the parties to preserve.
The Bigger Legal Question
The central dispute goes beyond Wednesday’s ceremony.
At issue is whether people who have occupied and cultivated the land without formal title should nevertheless be recognised in the acquisition process and considered for compensation and resettlement.
Those substantive questions have not yet been determined.
The court is expected to hear the parties on October 14, when the wider land dispute will come under consideration.
For now, the refinery’s planned groundbreaking is not barred by the court order, but all parties remain under an obligation to preserve the status quo on LR No. 13061 until the next hearing.
For Lamu residents and the developers alike, Wednesday may mark a ceremonial beginning, but the bigger questions over land, compensation and resettlement will be decided in court.
