The Kenyan High Court has certified as urgent a high-stakes legal challenge demanding absolute transparency regarding the government’s financial commitments to the massive $16 billion (Sh2.2 trillion) Dangote East Africa Petroleum Refinery and Petrochemicals Special Economic Zone (SEZ) project in Lamu.
The petition, filed by rights activist Francis Awino, seeks to block state agencies from making irreversible or non-routine financial commitments—including the deployment of the National Infrastructure Fund (NIF), public land, tax concessions, equity, and guarantees—without proper public disclosure and legislative accountability.
Justice David Mburu certified the matter as urgent, ordering physical service of the petition and directing respondents and interested parties to file their formal responses within seven days. The court has scheduled a crucial mention for November 12 to confirm compliance and issue further legal directions.
At the core of the lawsuit is the invocation of Article 201 of the Kenyan Constitution, which mandates openness, financial accountability, and robust public participation in all fiscal and public property matters.
President William Ruto previously announced that Kenya intends to secure a stake in the mega-refinery project—designed to feature a 700,000-barrel-per-day capacity and a 1,000-megawatt power plant—by utilizing the National Infrastructure Fund and public assets, including thousands of acres of land. However, the petitioner argues that critical transaction documents, feasibility studies, valuation models, due-diligence reports, and the specific legal instruments empowering the NIF’s participation have been kept entirely away from public scrutiny.
“The petitioner is not opposed to industrialization or lawful foreign investment,” noted court filings representing the activist’s position. “The primary concern rests entirely on transparency, accountability safeguards, and whether public resources can be legally committed without adequate public disclosure.”The active petition requests the court to compel a massive cache of documentation from numerous state bodies and corporate entities. Among the targeted records are,Comprehensive feasibility reports, financial models, and shareholder governance frameworks. Complete logs of government-backed guarantees, indemnities, and contingent liabilities. Environmental impact assessments, regulatory permits, and Capital Markets Authority (CMA) filings concerning potential initial public offerings (IPOs) or security structures. Exact details identifying the project company’s directors and beneficial owners.
The new Nairobi-based petition adds a complex legal layer to the grand infrastructure project, arriving on the heels of separate land disputes. Previously, a Malindi court ordered parties to maintain a status quo regarding specific parcels of land earmarked for the mega-site following a separate lawsuit filed by 133 local Lamu residents seeking protection of ancestral homes, generational land rights, and rightful compensation.
While executive leadership, including President Ruto, has aggressively championed the venture as a historic cornerstone to liberate East Africa from its heavy reliance on imported refined petroleum products, the unfolding courtroom battles highlight deep-seated public anxieties over mega-project governance.
With responses from the Attorney-General, Treasury, state corporations, and Dangote representatives expected imminently, all eyes will turn to the High Court on November 12 to determine how the state’s financial footprint in the multi-trillion-shilling project will proceed.
