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High Court Fast-Tracks Case Seeking KSh 2.2 Trillion Dangote Refinery Deal Details

Patricia Thama Today, 11:32 AM 3 min read

The High Court in Nairobi has fast-tracked a petition demanding full disclosure of agreements behind the proposed KSh 2.2 trillion Dangote refinery project in Lamu. Justice David Mburu certified the case as urgent and directed the respondents to file their responses within seven days of being served.

The petition, filed by rights activist Francis Onyango Awino, challenges the government’s alleged secrecy surrounding the massive investment. It seeks clarity on public funds, land allocation and financial commitments tied to the project. The development follows the refinery’s groundbreaking ceremony on September 30, 2026.


Activist Demands Answers on Public Funds

Awino wants the government to disclose the agreements governing its participation in the project. He is seeking information on whether the National Infrastructure Fund will finance any part of the investment.

The petition also demands details of the reported 10 per cent government stake in the refinery. It questions the terms under which authorities plan to allocate public land to the project.

Additionally, Awino wants disclosure of any tax exemptions, subsidies or financial guarantees offered to Aliko Dangote’s company.

The petition cites Article 201 of the Constitution, which requires openness and accountability in public finance management.


Dangote Refinery Deal Sparks Political Debate

The proposed refinery has attracted political scrutiny over the terms of the government’s involvement. President William Ruto has defended the handling of the deal and previously urged critics to seek the relevant documents through formal channels.

Meanwhile, opposition figures have questioned the transparency surrounding the agreements. Dangote has dismissed concerns over legal challenges, maintaining that litigation is part of doing business and that the project will proceed.

However, the urgent petition has not established any wrongdoing. The court must still consider the parties’ arguments.


Separate Court Case Raises Land Concerns

The transparency petition is separate from a land dispute involving 133 Lamu residents. The residents have challenged aspects of the project involving ancestral land, public consultation and compensation.

The Environment and Land Court in Malindi has ordered parties to maintain the status quo at the disputed site pending further proceedings. The court scheduled the matter for a hearing on October 14, 2026.


What Happens Next?

The Nairobi case will examine demands for greater disclosure of the refinery’s agreements and financial arrangements. The seven-day deadline requires the respondents to file their responses after service.

The court’s decision to certify the petition as urgent does not amount to a ruling against the government or the investors. However, the case could bring greater scrutiny to the public commitments and agreements underpinning one of Kenya’s most closely watched proposed investments.

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Patricia Thama

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