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Kenyan tribunal declines petition against Dangote’s planned refinery
It also ruled that there was no legal basis for compelling the disclosure of documents relating to the project
A tribunal in Kenya has dismissed a petition filed by a consumer rights organisation challenging the planned crude oil refinery project by Aliko Dangote, President of the Dangote Group.
According to a Reuters report on Thursday, the case was instituted by the Consumers Federation of Kenya (COFEK) and formed part of 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 held that the petitioner failed to establish that the proposed refinery was a public-private partnership (PPP) project.
It also ruled that there was no legal basis for compelling the disclosure of documents relating to the project.
The decision represents a legal development for the proposed refinery, which is expected to have a processing capacity of 700,000 barrels of crude oil per day.
In its petition, COFEK had asked Kenya’s public-private partnerships petition committee tribunal to set aside and review any approvals granted to the refinery that did not comply with relevant requirements.
The consumer rights organisation also sought an order compelling the disclosure of details of the government’s plan to acquire a stake in the refinery, including the investment vehicle, share class, payment terms, and evidence of public participation.
On August 21, David Ndii, chairman of the Kenyan president’s council of economic advisors, said Dangote Group offered East African countries a 30 percent equity stake in his planned refinery in the region.
Dangote had launched the refinery project in Lamu, Kenya, despite a Kenyan court ruling that ordered a pause on the construction of the refinery project, following a petition by some locals opposing the project.
On October 14, the court lifted the order, granting the refinery clearance to commence construction work in Lamu.
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