Turkana County has initiated legal action against the national government over plans to compulsorily acquire 66,634 acres of community land for oil exploration and the Lamu Port-South Sudan-Ethiopia Transport (Lapsset) Corridor project, alleging violations of constitutional and land laws.
The dispute centers on two Gazette notices published by the National Land Commission (NLC) in February 2019, which outlined the acquisition of 15,686 acres for the South Lokichar Basin oil project and 50,948 acres for the Lapsset infrastructure. Turkana claims the government bypassed devolved authorities by entering secret agreements with British firm Tullow Oil and the Lapsset Corridor Development Authority without consultation.
County lawyer Nelson Havi argued in court documents that the acquisitions contravene the Community Land Act, which mandates consultation with local communities. The case seeks to quash the notices and halt implementation pending a ruling on a separate lawsuit involving Kelly Malenya, whose case will determine the legality of compulsory land acquisition processes. A hearing is scheduled for Tuesday, with the court expected to issue a conservatory order to suspend the acquisitions.
The NLC’s plans include a Sh7 billion investment by Tullow Oil in Turkana’s oil operations and a Sh110 billion pipeline to connect Lokichar to Lamu port. Despite a 2018 revenue-sharing deal retaining 75% of oil proceeds for the government, local residents have protested job shortages and displacement risks, with roadblocks reported in March 2019.
The court’s decision on Malenya’s case, set for April 29, 2019, could set a precedent for future land acquisitions. Turkana County maintains that the projects threaten its pastoralist culture and predict oil reserves will deplete within two decades.
