The High Court has certified as urgent a case seeking disclosure of details surrounding the government’s reported plans to acquire a stake in the Dangote East Africa Petroleum Refinery and Petrochemicals Special Economic Zone project.
Justice David Mburu directed that the matter be heard on a priority basis following a Notice of Motion filed by activist petitioner Francis Awino.
The court has directed Awino to physically serve the petition, application and court directions on the respondents and interested parties within two days and file a return of service.
The respondents and interested parties will then have seven days from the date of service to file and serve their responses.
Awino is seeking information on the reported plans by the government to invest in the refinery project using public resources, including funds associated with the National Investment Fund (NIF).
Among the orders sought are temporary restrictions on new, non-routine commitments involving public funds, public land, public assets, public equity, tax incentives, guarantees, subsidies and other forms of State support for the project pending the hearing of the case.
The petitioner is also asking the court to compel State agencies to preserve and disclose key documents relating to the project, including agreements, approvals, financing proposals, due-diligence reports, valuations, financial models, legal opinions, licences, land documents, environmental records and evidence of public participation.
Awino has specifically sought information on the NIF, including its legal framework, investment mandate, decision-makers, investment policy and any resolutions, feasibility studies, valuations or financial models linked to the refinery project.
The petitioner further wants the government to provide a public-finance statement detailing any actual or proposed State contribution to the project, including NIF resources, public equity, public land, tax incentives, guarantees, infrastructure support and potential contingent liabilities.
The Capital Markets Authority (CMA), listed as an interested party, is also being asked to disclose whether it has received, considered, approved, exempted or investigated any prospectus, information memorandum, securities offering or other investment solicitation connected to the project.
Awino argues that the case raises major constitutional questions concerning access to information, public participation, public finance, environmental governance, fair administrative action and investor protection.
The petitioner has cited Article 201 of the Constitution, which requires public finance to be managed openly and accountably, including through public participation.
Awino argues that substantial public commitments should not be made before the terms, approvals, valuations and financial implications of the proposed investment are disclosed and subjected to scrutiny.
The case does not seek to block lawful investment in the refinery project but, according to the application, aims to ensure disclosure, preservation of records and compliance with constitutional and statutory requirements before significant State commitments are made.
The petitioner has also asked the court to ensure that any orders issued do not interfere with existing proceedings concerning LR No. 13061, Hindi/Manda Magogoni in Lamu County before the Environment and Land Court in Malindi.
