The planned Lamu refinery groundbreaking has come under scrutiny after 133 farmers and other occupants of disputed land took the matter to court, seeking to halt the September 30 ceremony and other project-related activities.
Plans for the Lamu refinery are at an advanced stage, with the groundbreaking ceremony scheduled for Wednesday, September 30, 2026.
On September 23, 2026, 133 farmers and other occupants of LR No. 13061 in the Hindi, Manda and Magogoni area of Lamu County filed a case against 10 defendants.
The respondents include the national government, the Lamu Port-South Sudan-Ethiopia Transport (LAPSSET) Corridor Development Authority, the National Land Commission and Dangote Industries. The applicants said they have occupied and cultivated the land for years despite not holding title deeds.
They further alleged that they were left out of the acquisition, compensation and resettlement process.
What the Applicants Asked the Court to Do
Further, the applicants asked the court to stop the planned Lamu refinery groundbreaking ceremony and any other launch or start-of-works event connected to the refinery project.
They also sought orders halting further clearing, excavation, fencing and construction on the land they occupy while their claims are being heard, as their case raises questions about the position of occupants who do not hold title deeds but say they have occupied and cultivated the land for years.
The applicants want the court to consider their claims for recognition, compensation, and resettlement as the wider dispute proceeds.
What Justice Onyango Ordered
In a September 25 order, Justice Jane Onyango at the Malindi Environment and Land Court said the September 23 application was not certified as urgent.
The court directed that the application be served on the respondents and ordered them to file their responses within 14 days.
“…the application be served upon the Respondents forthwith; Upon service, the Respondents shall file their response within 14 days,” the court ruling stated.
Justice Onyango further fixed the application for an inter partes hearing on October 14, 2026.
Pending that hearing, the court ordered that “the status quo prevailing” on LR No. 13061 within the Hindi, Manda and Magogoni area of Lamu County be maintained until October 14.
In addition, the order includes a penal notice stating that disobeying or failing to observe the court order would result in penal consequences.
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The September 25 order does not expressly state that the September 30 groundbreaking ceremony should be stopped.
What This Means for September 30
The September 25 order does not expressly prohibit the planned Lamu refinery groundbreaking ceremony. However, the parties remain subject to the court’s direction to maintain the prevailing status quo on LR No. 13061 until October 14.
“…in the interim the status quo prevailing on L.R. No.13061 within Hindi/Manda Magogoni area within Lamu County be maintained until 14.10 26.”
According to the information presented in the case, the Lamu refinery ceremony site had already been cleared around September 10, before Justice Onyango issued the order.
That existing condition therefore forms part of the status quo the court preserved. However, Wednesday’s groundbreaking can proceed as a ceremonial event.
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The court has not yet determined the underlying claims concerning occupation, recognition, compensation or resettlement. Those issues remain before the Malindi Environment and Land Court for consideration at the October 14 inter partes hearing.
What Happens Next With the Lamu Refinery Case
This October 14 hearing will allow the respondents to file and present their responses to the applicants’ case, while the court considers the issues raised in the application.
At the center of the wider dispute are the occupants’ claims concerning their occupation of the land and their alleged exclusion from the acquisition, compensation and resettlement process.
Those issues have not been determined by the September 25 directions. The court’s interim order only addressed the immediate application and directed that the prevailing status quo on LR No. 13061 be maintained until the next hearing.
The parties are scheduled to return to the Malindi Environment and Land Court on October 14, 2026, for the inter partes hearing.
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