Malindi Court: Halts Dangote Lamu Groundbreaking Over Land Dispute

• The Malindi Environment and Land Court has temporarily halted the planned construction of a multibillion-shilling Dangote refinery in Lamu County.
• The decision follows an urgent application by Salim Tima Swale and 132 others, who claim long-standing occupation and use of the land.
• Justice Jane Onyango issued interim orders prohibiting all development activities on L.R. No. 13061 until at least October 14, 2026.
• Petitioners argue their land interests stem from actual occupation and development, not solely formal registration, which must be considered in any compulsory acquisition.
• The ruling prevents the groundbreaking ceremony scheduled for September 30, 2026, and underscores the importance of due diligence for developers.

The court's willingness to issue interim protection based on claims of long-term occupation and use, even in the absence of formal registration, empowers local populations.

A significant multibillion-shilling refinery project in Lamu County has been temporarily halted by a ruling from the Malindi Environment and Land Court. The court issued interim orders preventing any further activities related to the planned Dangote refinery, following an urgent application filed by Salim Tima Swale and 132 other individuals. This judicial intervention effectively stops the groundbreaking ceremony, which was initially scheduled for Wednesday, September 30, 2026. The Malindi court halts Dangote Lamu groundbreaking decision underscores the complexities of land rights in large-scale development projects.

The petitioners sought a court order to restrain several key entities, including the Office of the President, Dangote Industries, and the Lamu County Government, from proceeding with the ceremony. These interim orders are set to remain in effect until the court provides further directions on the application. The ruling specifically targets L.R. No. 13061, located within the Hindi/Manda Magogoni area of Lamu County, ensuring that no development activities commence on this parcel of land.

The legal challenge originated from 133 petitioners, led by Salim Tima Swale, who assert long-standing occupancy and use of the land designated for the refinery. These individuals describe themselves as cultivators and farmers who have established homes, farms, crops, trees, and other developments on their respective portions of the property over many years. Their petition to the court sought protection for these interests, which they argue are deeply rooted in their continuous presence and development of the land.

Crucially, the Salim Tima Swale petitioners contend that their rights to the land are not solely dependent on formal registration. Instead, they emphasize that their claims arise from their actual occupation, possession, use, cultivation, and development of the property. They further argue that these established interests must be duly recognized and considered within any process of compulsory acquisition involving the land, highlighting a key aspect of the Kenya compulsory acquisition dispute.

Justice Jane Onyango of the Malindi Environment and Land Court certified the petition as urgent, leading to the immediate issuance of interim orders. These orders explicitly prohibit a range of activities on the affected land, L.R. No. 13061. The respondents are barred from clearing, excavating, fencing, demolishing, constructing on, transferring, disposing of, or otherwise interfering with the portions of the land currently occupied by the petitioners. This comprehensive directive ensures an interim orders construction halt.

The court mandated that the prevailing status quo on L.R. No. 13061 within the Hindi/Manda Magogoni area must be maintained. This directive is specifically in place until October 14, 2026, at which point the matter is scheduled to return before the court for further instructions and review. The judge's decision to maintain the existing state of affairs underscores the court's intent to protect the petitioners' asserted interests while the substantive issues are being addressed.

This ruling by the Malindi Environment Land Court carries significant implications for large-scale infrastructure and industrial projects across Kenya. It highlights the critical importance for project developers, such as Dangote Industries Lamu, and their legal teams to conduct exhaustive due diligence regarding land ownership and occupancy. This includes meticulously identifying and addressing both formal and informal claims to land, as failure to do so can lead to substantial project delays and costly legal challenges.

Furthermore, the case sets a notable precedent for communities seeking to protect their land rights against major developments. The court's willingness to issue interim protection based on claims of long-term occupation and use, even in the absence of formal registration, empowers local populations. It reinforces the principle that customary or historical land use can form a legitimate basis for legal protection, influencing how future compulsory acquisition processes are approached in the country.

This case highlights the critical importance for project developers and their legal counsel in Kenya to conduct thorough due diligence on land ownership and occupancy, including informal claims, to prevent significant project delays and legal challenges. It also serves as a precedent for communities seeking interim protection of their land rights against large-scale developments.

Source: Original reporting via Capital FM