The Environment and Land Court in Malindi has declined to issue an immediate order stopping the planned groundbreaking of the Dangote oil refinery in Lamu, days before the multitrillion-shilling project is scheduled to be launched.

Justice Jane Onyango ordered parties to maintain the status quo on the disputed parcel of land, LR No. 13061, in the Hindi/Manda/Magogoni area until October 14, when the application will be heard inter partes.

The case was filed by 133 residents who are challenging developments on the land and seeking recognition of their alleged interests before the project proceeds.

The residents had sought orders stopping the September 30 groundbreaking ceremony and barring further clearing, excavation, fencing and construction pending determination of their claims.

In orders issued on September 25, Justice Onyango declined to certify the application as urgent.

“The application is not certified as urgent,” the court said, directing that the respondents be served and given 14 days to file their responses.

The judge further ordered that “the status quo prevailing” on LR No. 13061 be maintained until October 14.

The order does not expressly stop the planned groundbreaking ceremony. It does, however, require the parties to preserve the prevailing situation on the disputed parcel until the case returns to court.

The residents say their families have occupied, cultivated and developed portions of the land for generations despite lacking formal title deeds. They argue that their occupation and customary interests should have been considered in the land acquisition, compensation and resettlement process.

The dispute comes as preparations intensify for the refinery’s launch. Dangote Industries has set Wednesday as the groundbreaking date for the project, which is planned as a 700,000-barrel-per-day refinery in Lamu.

Heavy construction equipment has already arrived at the Port of Lamu ahead of the ceremony, including 2,930 metric tonnes of machinery delivered over the weekend.

The court has yet to determine the residents’ substantive claims over the land or whether they are entitled to compensation or resettlement.

Those issues are expected to come into sharper focus when the matter returns to court on October 14.

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