Lamu Residents: Sue Kenya Government, Dangote for Land Rights

• 133 residents of Chandavai, Lamu County, have sued the Kenyan government, Dangote Industries, and other entities over alleged unlawful land takeover and destruction.
• The residents claim generational occupation of LR No. 13061, used for farming, homes, and burial sites, and seek to halt ongoing construction by LAPSSET, the Ministry of Defence, and the proposed Dangote refinery.
• They allege destruction of property occurred without prior notice, consultation, or compensation, and fear displacement without resettlement.
• The lawsuit cites Article 40(4) of the Constitution and the Land Act, arguing that absence of formal titles does not negate their land interests or compensation entitlement.
• Residents accuse authorities of failing to follow statutory compulsory acquisition procedures, expressing concern that the process may favor absentee landowners over long-term occupants.

The residents accuse the responsible authorities of failing to adhere to statutory procedures, which include identifying all individuals with interests in the land, issuing the necessary notices, and conducting proper surveys.

A legal challenge has been initiated by 133 residents of Chandavai in Lamu County, who have filed a lawsuit to halt what they describe as the unlawful seizure and destruction of land they claim their families have occupied for generations. The extensive list of defendants includes the Office of the President, the Cabinet Secretary for Defence, the State Department for Lands and Physical Planning, the Attorney General, the National Land Commission (NLC), the Lamu Port-South Sudan-Ethiopia Transport (LAPSSET) Corridor Development Authority, and the Lamu County Government. Additionally, Dangote Industries and two contractor companies have been named in the suit.

The plaintiffs assert that they have continuously occupied, cultivated, and developed specific portions of land identified as LR No. 13061 in Chandavai. Their court filings detail how their families have utilized this land for farming and livestock keeping across generations, establishing homes, mosques, shrines, and other structures. Some residents also claim that their relatives are buried within the disputed area. The core demand from the residents is for judicial intervention to stop ongoing construction and excavation activities, which they argue are causing further irreparable damage to crops, trees, homes, and other property.

They contend that certain properties, including ancestral homes, graves, and long-standing community structures, possess intrinsic value that cannot be adequately replaced through monetary compensation alone. The residents allege that on August 7, 2024, agents associated with the national government and LAPSSET entered the disputed land with heavy machinery, destroying crops, trees, and other property without prior notice, consultation, or compensation. Local administrators reportedly later informed the residents that the land had been acquired by the government for the LAPSSET project, with portions subsequently allocated to the Ministry of Defence for infrastructure works around Manda Bay, including road construction and facility expansion near the Kenya Navy Base, US Camp Simba, and Magogoni Airfield. Some families were reportedly forced into rented accommodation, while others were instructed not to interfere with the works, with promises of compensation for losses.

The land dispute intensified with the commencement of preparations for a proposed Dangote refinery in Lamu. Residents allege that soil testing and other preliminary activities related to the refinery began in July 2026. Local administrators subsequently informed them that the Dangote project would proceed concurrently with the LAPSSET and Manda Bay infrastructure developments. A further incident occurred on September 10, 2026, when police officers, chiefs, and other government agents reportedly cleared one of the disputed parcels.

According to the residents, they were informed that this site was being prepared for a groundbreaking ceremony for the proposed refinery, a ceremony they understood was scheduled for September 30. The plaintiffs express deep concern that these planned developments could lead to their displacement without any provision for resettlement or fair compensation. This escalation underscores the complex interplay of large-scale industrial and infrastructure projects with long-standing community land claims.

Central to the residents' legal argument is the assertion that the absence of formal title deeds does not extinguish their claimed interests in the land or their entitlement to compensation. They have specifically cited Article 40(4) of the Constitution of Kenya and relevant provisions of the Land Act that govern compulsory acquisition. These legal frameworks, they argue, mandate a thorough and transparent process for land acquisition, particularly when dealing with communities with generational ties to the land.

The residents accuse the responsible authorities of failing to adhere to statutory procedures, which include identifying all individuals with interests in the land, issuing the necessary notices, and conducting proper surveys. They learned around September 20 that the government had initiated a compulsory acquisition process for land in Lamu, raising concerns that this process might disproportionately compensate absentee landowners holding formal titles while excluding long-term occupants who have cultivated and lived on the land for generations. This highlights a critical legal challenge regarding the recognition of customary land rights versus formal land ownership in Kenya.

This ongoing legal battle in Lamu carries significant implications for both government entities and private companies involved in large-scale infrastructure and industrial projects across Kenya. The case underscores the substantial legal and reputational risks associated with land acquisition processes that are perceived to disregard community rights and statutory requirements. The residents' claims of ancestral land rights and the alleged failure to follow due process, including proper notice, consultation, and fair compensation, could lead to protracted litigation and project delays.

For developers and the state, the dispute serves as a potent reminder of the necessity for meticulous adherence to compulsory acquisition procedures, especially when dealing with communities asserting deep-rooted connections to their land. The outcome of this lawsuit could set an important precedent for how land disputes are handled in the context of national development initiatives, emphasizing the need for transparent, equitable, and legally compliant engagement with all affected parties to mitigate future conflicts and ensure sustainable project implementation.

This case highlights significant legal risks for companies and government entities involved in large-scale infrastructure projects in Kenya, particularly regarding land acquisition. Lawyers should advise clients to meticulously adhere to statutory compulsory acquisition procedures, including proper notice, consultation, and fair compensation, especially when dealing with communities asserting ancestral land rights, to mitigate potential litigation and project delays.

Source: Original reporting via Kenyan news sources