A Kenyan tribunal has dismissed a petition filed by a consumer rights organisation challenging Aliko Dangote’s planned crude oil refinery project in the East African country.
According to Reuters on Thursday, the case brought by the Consumers Federation of Kenya (COFEK) was among several legal challenges facing the proposed 700,000-barrel-per-day (bpd) refinery at Lamu port on Kenya’s Indian Ocean coast.
In its ruling dated October 30, the tribunal said COFEK failed to establish that the refinery qualified as a public-private partnership (PPP) project.
It also ruled that there was no legal basis for compelling the disclosure of documents relating to the development.
COFEK had approached Kenya’s Public-Private Partnerships Petitions Committee Tribunal, seeking an order to set aside and review any approvals granted to the refinery that did not comply with relevant legal requirements.
The organisation also sought an order compelling the government to disclose details of its proposed investment in the refinery, including the investment vehicle, share class, payment terms and evidence of public participation.
The petition followed an announcement by David Ndii, chairman of the Kenyan President’s Council of Economic Advisors, on August 21 that Dangote Group had offered East African countries a 30 per cent equity stake in its planned refinery in the region.
Dangote had proceeded with the launch of the refinery project in Lamu despite an earlier Kenyan court order suspending construction following a petition by some residents opposed to the development.
However, on October 14, the court lifted the suspension, clearing the way for construction work to begin in Lamu.
Faridah Abdulkadiri
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