Residents raise compensation concerns ahead of Dangote Refinery Project in Lamu

National News
Residents raise compensation concerns ahead of Dangote Refinery Project in Lamu

Residents of Kwasasi and Kalavu in Lamu have raised concerns over their impending eviction to pave the way for the proposed Dangote oil refinery, saying their compensation concerns remain unresolved.

Speaking in Lamu days after the ground-breaking ceremony, residents expressed frustration with President William Ruto and investor Aliko Dangote over what they described as a failure to address their compensation and resettlement concerns.

Shee Mohammed a resident said currently their lives were now at a crossroads, with uncertainty over their future as soil sampling and other preliminary activities continue on farms they occupy.

“We have existed here for many years you know 40, years, 50 years to 100 years the population here was very small, we can even show you ruins of mosques, houses.”

The residents also criticised remarks attributed to Lamu Governor Issa Timamy, who they said had stated that he does not recognise people occupying the land earmarked for the refinery.

The residents further alleged that there were plans within the county government to compensate people they described as land grabbers and alleged associates of the governor.

Omar Mohamed another resident said if evicted they would have nowhere else to go as their land shall be used for the project.

“When evicted as youth what shall we do? I pray for justice to prevail,” he said.

They called for transparency in the identification of legitimate landowners and a clear compensation framework before the project proceeds.

The residents are now demanding clarity on their fate, saying development should not leave affected families without secure livelihoods, land or compensation.

Kamywa Kamunde another resident said they cannot allow laws to be broken in the country as it could lead to lawlessness and called on the Nigerian Billionaire to respect the laws of the nation.

“The project was not taken to Somalia or Sudan because those are lawless countries, Kenyans Support us in upholding the rule of law,” he said.

George Wakahiu, the Advocate for the residents of Lamu County who filed suits demanding compensation said his clients were not opposed to the Dangote Project.

“Indeed, they welcome the project wholeheartedly and express a great “hats off” for Alhaji Aliko Dangote, (GCON) (Grand Commander of the Order of the Niger),” he said in a press release.

He said the affected families insist that the project should be implemented with strict adherence to the laws of Kenya indicating the issue as merely “Compensation according to the Kenya Constitution 2010 and The Land Act 2012”.

Wakahiu said one cannot be branded as “an enemy of the people” for going to court to seek justice as some people have been heard to claim adding that in Kenya, neither the judges nor the litigants are capable of being cowed or intimidated.

“One thing that the residents who went to court are very concerned about is that the statements made by Dangote were misconceived. The residents are 100% sure that Dangote had not read or seen the court documents he was talking about. Their legal teams had not served any court process upon any of the respondents in all the many cases filed. Dangote therefore was either reading or hearing from the press or was being told about the cases just like anybody else. It is sad therefore that a man of such high profile was talking hearsay which has no legal weight in the eyes of Kenyan law,’’ he said.

He said the case of Dakar Senegal which Dangote mentioned was not similar to the current one in Lamu as Kenya has its own constitution different from Senegal.

The lawyer said Dangote was entitled to defend his company’s interests before the courts while the residents were equally entitled to approach those courts for protection of their land, homes, livelihoods and constitutional rights.

“The dispute is not a contest of financial strength, corporate influence or who can give whom a “headache.” It is a legal dispute that will be determined by an independent court according to Kenyan law and evidence,” he said.

He said Article 40 of the Constitution of Kenya protects not merely registered titles but interests and rights in property adding that it requires compulsory acquisition to comply with the Constitution and the law and requires prompt payment in full of just compensation.

“A multibillion-dollar investment does not cease to be economically valuable because the rights of the people occupying the project land are identified, respected and, where the law requires, compensated before they are displaced. Indeed, respect for the rule of law provides security not only to communities but also to investors,” said the lawyer.

Already he said the Environment and Land Court has directed that the status quo concerning the disputed land be maintained pending further proceedings adding that the residents respect that order and expect every other party to do likewise.

“The question before the Kenyan courts is therefore not whether Dangote Industries is “scared” of litigation, nor whether residents are capable of stopping a multibillion-dollar corporation. The question is much simpler: Has the Constitution and the law of Kenya been complied with in relation to the land and the people whose rights and interests are affected? That question will be answered by the Court. And all parties should respect its answer,” he said.

Further the Lawyer said the Nigerian Case experience for Dangote demonstrates that customary community claims cannot necessarily be dismissed simply because a government says land was acquired adding that it demonstrates that the scope of an acquisition notice can become a substantive judicial question

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