Residents of Magogoni in Lamu County have moved to court seeking to stop the planned groundbreaking of a Sh2 trillion Dangote oil refinery until they are compensated for land earmarked for the project.
The residents say they support the investment but fear being displaced without compensation once construction begins.
Salim Tima Swaleh and 132 others have filed a case at the Environment and Land Court in Malindi seeking an injunction against the project ahead of its planned groundbreaking on Wednesday, September 30.
The suit names several government agencies and institutions, including the Office of the President, the ministries responsible for Defence and Lands, the Attorney-General, the National Land Commission, LAPSSET Corridor Development Authority, Lamu County Government and Dangote Industries.
The petitioners claim they are the legitimate owners of the affected land but allege compensation has instead been paid to other people.
Through lawyer George Wakahiu, Swaleh said compulsory acquisition of the land without prior notice and compensation would violate their constitutional rights.
“It is our right to be recognized as the bona fide owners of the suit land and to be compensated fully as required by the Constitution of Kenya,” she said.
Swaleh also alleged that project activities had already started and that commercial crops belonging to residents had been destroyed before valuation.
The petitioners want the court to recognize them as the lawful owners of the affected land and order the government to compensate them before the project proceeds.
Some of the affected families staged a demonstration in Malindi, insisting they were not opposed to the refinery but wanted the compensation dispute resolved first.
“We were born and raised in Lamu. We support development, but we must be compensated for our land,” one resident said.
The court action now adds a fresh legal hurdle to the planned launch of the multitrillion-shilling refinery project this week.
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