The High Court in Malindi has cleared the path for the government and Nigerian Billionaire Aliko Dangote to build the Dangote Lamu Oil Refinery.
The court, while making a preliminary ruling, lifted an order that had halted plans to build a 700,000-barrel-a-day oil refinery in Kenya.
In her ruling, Justice Jane Onyango allowed the project to proceed despite an ongoing legal dispute over land ownership and environmental concerns.
The case filed by 133 residents alleges that the proposed refinery threatens their property rights and that the developers have failed to demonstrate compliance with environmental regulations.
President William Ruto (left) talking to Billionaire Aliko Dangote during their visit to the Dangote Petroleum Refinery and Petrochemical Company in Lekki, Nigeria, on Friday, September 25, 2026.
PCS
The project is estimated to cover between 7,000 and 10,000 acres of land, including the contested Magogoni villages.
However, Justice Onyango on Wednesday, October 14, declined to issue any interim orders for status quo, meaning Dangote can proceed with construction works.
In her ruling, Justice Onyango cited the failure by the petitioners to serve Dangote and all the state agencies cited in the petition.
"You did not serve the respondents as per the October 1, 2026, directions. Serve him and all parties within 14 days before the hearing. Leave is granted to amend the petition within seven days," said Justice Onyango.
The court also found that the petitioners had cited the wrong parcel of land and granted them permission to amend their filing to reflect the correct property.
On September 25, the Malindi Environment and Land Court issued an interim order for the status quo to be maintained.
Lands Cabinet Secretary Alice Wahome has said that the largest portion of the 7,000-acre project site is public land legally owned by the government.
She clarified that while people are residing on parts of the site, their presence does not mean the land is private property.
The matter will be mentioned next on November 24.
Construction of the Ksh2.2 trillion refinery was formally launched on September 30, with the facility expected to be completed within 40 months and commissioning targeted for 2030.
President William Ruto and Nigerian billionaire Aliko Dangote during the East African Oil Refinery groundbreaking in Lamu on September 30, 2026
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