The Malindi Environment and Land Court has temporarily paused the construction of the multibillion-dollar Dangote refinery on disputed land in Lamu. This decision comes as the court prepares to hear an urgent application from Salim Tima Swale and 132 others.
While the court did not grant the petitioners a request to stop the Office of the President, Dangote Industries, and the Lamu County government from proceeding with the groundbreaking ceremony scheduled for tomorrow, it has taken significant steps to protect the interests of those affected.
The petitioners assert their long-standing presence as occupants, cultivators, and farmers on their respective plots of land, where they have developed homes, farms, and other improvements over many years. They emphasize that their rights stem not just from official registration but from their actual use and development of the land.
Justice Jane Onyango has recognized the urgency of the situation by certifying the petition as temporary, halting any activities such as clearing, excavating, or constructing on the occupied portions of the land. She has ordered that the current state of L.R. No. 13061 in the Hindi/Manda Magogoni area of Lamu County be preserved until October 14, 2026.
The petitioners are seeking a judgment declaring their status as “interested persons” in this matter, along with general damages for violations of their constitutional rights, including property rights and the right to fair administrative action.
Additionally, they are pursuing exemplary and punitive damages against the Office of the President and other defendants for negligence and unlawful conduct that has adversely affected their livelihoods. They also seek the restoration of the affected land and property to its previous condition and their resettlement.
The case is set to be heard on October 14, 2026.
