HomeNational133 Lamu Residents Challenge Takeover of Ancestral Land as Court Maintains Status...

133 Lamu Residents Challenge Takeover of Ancestral Land as Court Maintains Status Quo

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A Lamu court has temporarily halted any change to the prevailing situation on a disputed parcel of land claimed by 133 Chandavai residents who say their ancestral land is being taken over for major government and industrial projects.

Justice Onyango ordered that the status quo on LR No. 13061 in the Hindi/Manda Magogoni area be maintained until October 14, 2026, when the residents’ application will be heard with all parties present.

The court did not certify the matter as urgent but directed that the application be served on the respondents, who have 14 days to respond.

The Chandavai residents say their families have lived on and used the land for generations, despite not having formal title deeds.

They claim to have identifiable portions of the land where they have established homes, cultivated crops, kept livestock and built mosques and shrines. Some families also have burial sites on the disputed property.

The residents have told the court that their customary and community interests in the land should be recognised and protected, despite the absence of registered ownership documents.

They allege that their troubles began on August 7, 2024, when bulldozers and other heavy machinery entered the area and destroyed crops, trees and other property.

The residents say they were later informed that the land had been acquired for the LAPSSET project and subsequently allocated to the Ministry of Defence for infrastructure works around Manda Bay.

According to their court papers, the developments have included roads and expansion works around the Kenya Navy Base at Manda Bay, US Camp Simba and Magogoni Airfield.

They allege that some families were forced to leave their homes and move into rented accommodation, while others were promised compensation for crops and other losses.

The residents now say another phase of development is threatening the disputed land.

They allege that soil testing and other preparatory work linked to a proposed Dangote refinery began in July 2026.

They further claim that government officials, police officers and local administrators moved into one of the disputed areas on September 10 and cleared it ahead of what residents were told would be a groundbreaking ceremony.

The residents say they were subsequently informed that compulsory acquisition proceedings had commenced, raising fears that compensation could be paid to registered or absentee landowners while those who have occupied and used the land for generations are left out.

They have challenged the alleged failure to properly follow statutory procedures, including notices, identification of interested parties, valuation, inquiries and compensation.

The residents have also raised constitutional and environmental concerns, citing alleged violations of property rights, fair administrative action and access to information.

The respondents in the case include the Office of the President, Cabinet Secretary for Defence, State Department for Lands and Physical Planning, Attorney General, National Land Commission, LAPSSET Corridor Development Authority, Lamu County Government, Dangote Industries and two companies described as contractors.

The court’s interim order offers the residents temporary protection as the parties prepare to argue the case on October 14, 2026.

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