A Kenyan court has ordered parties involved in the proposed Dangote refinery in Lamu County to maintain the status quo pending further proceedings in a dispute brought by local residents over the project.
The order was issued by the Malindi Environment and Land Court following a petition by farmers and residents of Chandavai in Lamu County, who have raised concerns over alleged displacement and the destruction of their properties.
Bloomberg reported on Monday that Judge Jane Onyango directed that “the status quo prevailing” be maintained.
The court is expected to issue further directions on the matter on October 14, according to the order dated September 25 and made public on Monday.
George Wakahiu, counsel to the petitioners, told Bloomberg that the order effectively means construction activities relating to the project should not commence before the court reconvenes on October 14.
The petitioners alleged that the proposed refinery would result in “forceful eviction of the plaintiffs from their lands, damage and destruction of their properties and yet there is no resettlement plan for them.”
They also argued that Dangote Group and Kenyan authorities had not fulfilled environmental requirements, including “a mandatory environmental impact assessment be done before the implementation of any major project,” before proceeding with the development.
The court filings further contend that the project does not comply with Kenya’s constitution, “which requires that the necessary public participation” be conducted.
However, Dangote Group offered a different interpretation of the court order, saying it had not specifically cancelled the groundbreaking ceremony scheduled for September 30.
In a statement reported by Reuters on Tuesday, the company acknowledged that activities at the project site could be affected while the case remains before the court.
“The court has not halted the groundbreaking ceremony of the refinery at this stage. However, activities at the site may be affected by the ruling, as both parties are required not to carry out activities until the case is heard on 14th October,” the statement read.
The legal dispute comes as the Kenyan government moves to facilitate the proposed 700,000-barrel-per-day refinery in Lamu.
President William Ruto had said his administration was accelerating the administrative processes required for the project during his visit to the Dangote Petroleum Refinery in Lekki, Lagos, on Friday.
Ruto said the Kenyan government had already secured land for the proposed facility and was working to address other regulatory requirements in order to minimise bureaucratic delays.
The Kenyan President described the planned refinery as a regional development project capable of boosting industrial activity, creating jobs and improving technical expertise across East Africa.
Dangote, Africa’s richest man, has also said the planned Kenyan facility would be larger than his existing refinery in Lagos.
The proposed project therefore faces a combination of legal, environmental and administrative issues as parties await the next court hearing on October 14.
