Land Case Not Over: Court Declines to Extend Order Blocking Dangote's KSh 2.2T Lamu RefineryLand Case Not Over: Court Declines to Extend Order Blocking Dangote's KSh 2.2T Lamu Refinery

Justice Jane Onyango of the High Court in Malindi made the ruling on Wednesday 14 October 2026. She also refused to issue fresh interim orders, the temporary orders a court grants while a case is pending. Her reason was procedural: the petitioners had not served the respondents as directed on 1 October.

This is not a court approval of the project itself. The ruling does not decide ownership, compensation or whether the developers met environmental rules, according to court reporting by The Kenya Times. The case returns to court on 24 November.

What the judge decided in Malindi

The petition was filed by 133 farmers and other occupants of land in the Hindi, Manda and Magogoni areas of Lamu County. They say they have farmed the land for years and were left out of acquisition, compensation and resettlement. Their lawyer, George Wakahiu, reportedly told the court that about 700 more residents plan to join.

The judge also found that the petitioners had cited the wrong land parcel. She gave them seven days to amend the petition and 14 days to serve Dangote and the other respondents before the hearing. "Leave is granted to amend the petition within seven days," she said.

The respondents include the national government, the LAPSSET Corridor Development Authority, the National Land Commission and Dangote Industries. Lands Cabinet Secretary Alice Wahome argues that most of the site is public land and that people living on parts of it does not by itself prove private ownership.

Construction continues, with risks attached

Dangote Group said in a statement that the court had not halted the groundbreaking ceremony at this stage. The refinery was formally launched on 30 September, and the company acknowledged that some site activities could have been affected by the restriction. With that restriction no longer in force, work can carry on while the case continues.

For Kenyans, the stakes run in two directions. The plant is designed to process 700,000 barrels of crude a day, a scale that could change how East Africa buys fuel. Mwenendo earlier reported on how Dangote's 30% East African stake offer would give Kenya a 10% share, which makes the land dispute a matter for public finances as well as local families.

Money, partners and the case still ahead

Financing and engineering partners are already lining up. As Mwenendo earlier reported, Afreximbank's backing for the Lamu plant extends the bank's relationship with the Dangote Group, and a separate report covered how Honeywell's engineering contract was awarded. A vendor deal is not first fuel, and a lifted order is not a final judgment.

The petitioners argue that Kenyan law requires environmental impact assessments and public consultation, particularly in Lamu, which includes a UNESCO World Heritage site. Those claims are yet to be tested. If the amended petition succeeds, fresh orders could still follow.

Investors and nearby residents should watch three dates: the seven-day deadline to amend the petition, the 14-day deadline to serve the respondents, and the 24 November hearing. Until then, the refinery can proceed, and the land question stays open.