The High Court has certified as urgent a petition seeking information on the government’s proposed involvement in the Dangote East Africa Petroleum Refinery project in Lamu.
Justice David Mburu on Tuesday, October 6, directed that the case be fast-tracked, opening a fresh legal challenge around the planned refinery just days after its groundbreaking ceremony on September 30.
The petitioner, an activist, is seeking disclosure on whether public funds, land, tax incentives, government guarantees or other state resources will be committed to the project.
He is also seeking details on the terms, valuations, approvals and decision-making processes that informed any proposed government investment in the refinery.
At the centre of the case is Kenya’s reported plan to take a 10 per cent stake in the refinery through public assets and resources linked to the National Investment Fund (NIF).
The petitioner wants access to documents relating to the fund, including its legal framework, investment mandate, decisions, feasibility studies and financial models prepared in connection with the project.
He has further asked the government to preserve and disclose records covering agreements, financing proposals, due diligence reports, valuations, licences, environmental assessments and public participation processes.
The application also seeks temporary orders restricting any new non-routine government commitments to the project until the case is determined. However, the court has not granted the request at this stage.
The Capital Markets Authority (CMA) has been listed as an interested party and is being asked to state whether it has dealt with any fundraising activity or investment offer associated with the refinery.
Justice Mburu directed the petitioner to serve the respondents and interested parties within two days. The parties will then have seven days to file their responses.
The matter will return to court on November 12 for confirmation of compliance with the directions and for further orders.
The case comes shortly after a separate petition by the Consumers Federation of Kenya (COFEK) before the Public Private Partnerships Petition Committee.
COFEK is seeking information on the proposed Ksh65 billion government stake in the refinery, a reported Ksh21.5 billion seed allocation and about 7,000 acres of land associated with the project.
Meanwhile, residents of Chandavai are pursuing a separate legal challenge over land earmarked for the refinery. They have raised concerns over ancestral ownership claims, compensation and resettlement.
The Environment and Land Court in Malindi is scheduled to hear that case on October 14.
