133 Lamu residents sue govt, Dangote over alleged land takeover

NAIROBI, Kenya, Sep 28 – At least 133 residents of Chandavai in Lamu County have moved to court seeking to stop what they describe as the unlawful takeover and destruction of land they say their families have occupied and used for generations.

The residents have sued the Office of the President, the Cabinet Secretary for Defence, the State Department for Lands and Physical Planning, the Attorney General, the National Land Commission (NLC), the Lamu Port-South Sudan-Ethiopia Transport (LAPSSET) Corridor Development Authority and the Lamu County Government.

They have also named Dangote Industries and two companies identified as contractors as defendants.

The residents claim to have occupied, cultivated and developed identifiable portions of land forming part of LR No. 13061 in Chandavai.

In court papers, they say their families have used the land for farming and livestock keeping for generations and have established homes, mosques, shrines and other structures.

Some residents also claim that their relatives are buried on the disputed land.

The plaintiffs want the court to intervene to stop continued construction and excavation, arguing that the ongoing works could result in further destruction of crops, trees, homes and other property.

They argue that some of the property, including ancestral homes, graves and long-standing community structures, cannot adequately be replaced through monetary compensation.

The residents allege that on August 7, 2024, officers and agents linked to the national government and LAPSSET entered the disputed land using heavy machinery and bulldozers.

They claim crops, trees and other property were destroyed without prior notice, consultation or compensation.

According to the plaintiffs, local administrators later informed them that the government had acquired the land for the LAPSSET project before portions were allocated to the Ministry of Defence for infrastructure works around Manda Bay.

The residents claim the works included road construction and expansion of facilities around the Kenya Navy Base at Manda Bay, US Camp Simba and Magogoni Airfield.

They further allege that some residents were instructed not to interfere with the works and were promised compensation for destroyed crops and other losses.

Some families, they claim, were forced to move into rented accommodation to make way for the developments.

The residents say the dispute escalated after preparations began for the proposed Dangote refinery in Lamu.

They allege that soil testing and other preparatory activities linked to the proposed refinery started in July 2026.

The plaintiffs claim local administrators subsequently informed them that the Dangote project would proceed alongside LAPSSET and Manda Bay infrastructure developments.

They further allege that on September 10, 2026, police officers, chiefs and other government agents cleared one of the disputed parcels.

According to the residents, they were told the site would be used for a groundbreaking ceremony for the proposed refinery.

The plaintiffs say they were aware of preparations for a September 30 groundbreaking ceremony.

They argue that the planned developments could displace them without a resettlement plan or compensation.

The residents say they learnt around September 20 that the government had commenced a compulsory acquisition process involving land in Lamu.

They allege the process could compensate absentee landowners holding titles while excluding residents who have occupied and used the land for generations.

The plaintiffs argue that the absence of formal title deeds does not extinguish their claimed interests in the land or their entitlement to compensation.

They have cited Article 40(4) of the Constitution and provisions of the Land Act governing compulsory acquisition.

The residents accuse the relevant authorities of failing to follow the statutory process, including identifying all persons with interests in the land, issuing the required notices, conducting surveys and valuations, holding inquiries and providing compensation before taking possession.

They also allege that affected residents were not adequately consulted or given meaningful opportunities for public participation.

The plaintiffs claim the alleged actions violated their constitutional rights, including the right to property under Article 40, the right to fair administrative action under Article 47 and the right of access to information under Article 35.

They have also raised environmental concerns, alleging that the developments have not complied with requirements under the Environmental Management and Co-ordination Act (EMCA) and applicable environmental assessment procedures.

The residents want the court to recognise the interests of people who have historically occupied and used the disputed land.

They argue that government agencies cannot lawfully take possession, displace occupants or destroy property without first complying with the legal requirements governing compulsory acquisition.

The case places long-standing land claims in Chandavai at the centre of competing development plans involving LAPSSET, military infrastructure around Manda Bay and the proposed Dangote refinery.

The allegations contained in the court documents are yet to be determined by the court.