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 SEZ project.
Justice David Mburu directed that the case filed by activist Francis Awino be heard on a priority basis.
Awino wants State agencies to reveal whether public money, land, tax incentives, guarantees or other government resources will be committed to the project, and disclose the terms and approvals behind any proposed investment.
The petition follows public reports that the government intends to acquire a stake in the refinery using public assets and resources associated with the National Investment Fund (NIF). Awino argues that the proposed investment’s terms, valuations and implications for taxpayers have not been sufficiently disclosed.
The judge directed him to physically serve the respondents and interested parties with the petition, application and court directions within two days and file a return of service. Those served will have seven days to file and serve their responses.
In his application, Awino seeks temporary restrictions on new, non-routine State commitments to the project pending the hearing of the case. These include commitments involving public funds, land, assets, equity, tax incentives, guarantees and subsidies.
He also wants State agencies compelled to preserve and disclose project records, including agreements, financing proposals, approvals, due-diligence reports, valuations, legal opinions, licences, environmental documents and records of public participation.
The court’s directions concern urgency, service and responses. The temporary restrictions and disclosure orders remain requests by the petitioner.
A key focus of the case is the NIF. Awino seeks disclosure of its legal framework, investment mandate, decision-makers and any resolutions, feasibility studies or financial models relating to the refinery. He further wants a public-finance statement setting out any actual or proposed government contribution, including infrastructure support and potential liabilities arising from State guarantees or other commitments.
The Capital Markets Authority, named as an interested party, is being asked to disclose whether it has received, considered, approved, exempted or investigated any securities offering or investment solicitation connected to the project. Awino also seeks temporary restrictions on advertisements, prospectuses and other securities marketing material issued in Kenya unless lawfully approved, exempted or otherwise authorised.
The petitioner argues that the case raises constitutional questions on access to information, public participation, public finance, environmental governance and investor protection.
Citing Article 201 of the Constitution, he says decisions involving public resources must be made openly and accountably, with public participation. He argues that substantial commitments made before disclosure and judicial scrutiny could become difficult to reverse. According to the application, the petition seeks transparency and compliance with the law before major State commitments are made, rather than a prohibition on lawful investment in the refinery.
Awino has also asked that any orders issued avoid interfering with existing proceedings over LR No. 13061, Hindi/Manda Magogoni in Lamu County, before the Environment and Land Court in Malindi.
