The High Court has certified as urgent a petition seeking disclosure of the government's proposed financial involvement in the Dangote East Africa Petroleum Refinery and Petrochemicals Special Economic Zone (SEZ) project in Lamu County. Justice David Mburu directed that the case, filed by activist Francis Awino, be heard on a priority basis, citing concerns that public money, land and other State resources could be committed before the terms are made public.
Awino was directed to physically serve the petition, application and the court's directions on the respondents and interested parties within two days and file a return of service. They have seven days from the date of service to file and serve their responses.
The petition follows public reports that the government plans to acquire a stake in the project using public assets and resources associated with the National Infrastructure Fund (NIF). Awino says the terms, approvals, valuations and public-finance implications have not been sufficiently disclosed. At the ground breaking ceremony on September 30, President William Ruto said the government would hold a stake and would deploy public assets, including land, alongside the fund. A separate petition by the Consumers Federation of Kenya says Kenya plans a 10 percent stake costing an estimated $500 million, about Sh65 billion.
Awino wants temporary orders restricting new, non-routine commitments of public funds, land, assets, equity, tax incentives, guarantees and subsidies to the project until the case is heard. He also wants State agencies compelled to preserve and disclose records, including agreements, approvals, financing proposals, due-diligence reports, valuations, financial models, legal opinions, licences, land instruments, environmental documents and records of public participation. On the NIF specifically, he seeks its legal framework, investment mandate, decision-makers, investment policy and any resolutions, feasibility studies, valuations or financial models on the refinery.
The petitioner further wants a public-finance statement listing any actual or proposed State contribution, including NIF resources, public equity, land, tax incentives, guarantees, infrastructure support and potential contingent liabilities. The Capital Markets Authority (CMA), named as an interested party, is asked to disclose whether it has received, considered, approved, exempted or investigated any prospectus or investment solicitation linked to the project. Awino also seeks to restrict the issue in Kenya of advertisements or securities marketing material for the project unless lawfully authorised.
The petition argues the case raises constitutional questions on access to information, public participation, public finance, environmental governance, fair administrative action and investor protection. It cites Article 201 of the Constitution, which requires public finance to be managed openly and accountably and argues that large commitments made before disclosure and judicial scrutiny could be hard to reverse. It says it does not seek to block lawful investment in the project, only disclosure and compliance with the law before substantial State commitments are made.
Awino has also asked the court to ensure its orders do not interfere with the existing proceedings on LR No. 13061, Hindi/Manda Magogoni in Lamu County at the Environment and Land Court in Malindi. That court ordered the parties to maintain the status quo on September 25 and set a hearing for October 14, 2026.
The refinery is planned to process 700,000 barrels a day. At 158.9 litres to a barrel, that is about 111.2 million litres daily.
