Squatters demonstrate against eviction from 'ancestral' land

Residents of Ugatuzi in Kiembeni, Mombasa County, stage a demonstration to express their anger and fear over demolition and forcible eviction plans yesterday. (PHOTO: KELVIN KARANI/ STANDARD)

The squatters from Ugatuzi, Lamkani and Barawa, led by Kaya elders and Pwani Youth for Peace, said violent evictions had rendered hundreds of people homeless, and alleged a political link aimed at painting the Government as unable to address land issues in Coast.

They also accused the National Land Commission (NLC) Chairman Muhammad Swazuri of taking sides with tycoons and issuing eviction orders from Nairobi without listening to their side of the story.

Private land

They demonstrated in Kiembeni and along Old Malindi Road before converging at Utanga Primary School where they demanded President Uhuru Kenyatta and Deputy President William Ruto’s intervention.

But Swazuri has vowed that he will not allow invasion of private land by squatters, saying under the Constitution, it is an offence for one to invade and occupy another person’s land.

“Swazuri has betrayed our faith in the commission. We had hope that he would come up with innovative ways to solve the problem but all he is doing is issuing eviction orders from the comfort of his office,” said Mzee Seif Bundao from Kaya Rabai.

He said that eviction had eroded the elders’ effort to preach peace and to call on youths to believe in the government to amicably solve the land problem.

Ugatuzi squatters chairman Hamis Ndegwa said some of the over 800 families have built permanent houses and that the eviction threatens structure worth millions of shillings.

“NLC has written a letter to us saying we are illegally on this land. I don’t know what plan he has for the over 800 families living here,” said Ndegwa.

He demanded that an investor said to own the land should tell Kenyans how he acquired it.

He said that it had been agreed, during past meetings between the squatters and NLC, that the national government would solve the matter the same way it resolved the row on Waitiki Farm in Likoni.

The 100-acre parcel of land is legally owned by Zum Zum Investment, which has a title deed according to the NLC chairman, but the squatters claim it is their ancestral land.

In a letter dated November 23, Swazuri said the land belongs to Zum Zum Investment.

Swazuri said there have been complaints of land invasions, skirmishes and court cases involving several privately-owned land in Kisauni, Mombasa.

“One of the persons affected by these occupations is Zum Zum Investment. They submitted their ownership documents, upon request, in September 2015. The process of perusing and ascertaining these documents revealed they were in order,” said Swazuri.

He said the squatters had not produced any documents to prove ownership despite claiming the land belongs to their forefathers.

“NLC is directing that any invasion on the said parcel be stopped and no physical development or transaction should be allowed,” directed Swazuri in a letter sent to Mombasa County and County Commissioner.

Last week, 527 families were violently evicted from Lamkani plot number 435 measuring 132 acres in Bamburi, Kisauni alleged to be owned by private developers.

The squatters sighted police impunity and said they had acted without a court order since the dispute was pending before the NLC awaiting resolutions to resolve the dispute that has lasted for six years now.

According to court documents, Ms Njeri Njenga Kagiri claims ownership to the entire land which she recorded as having inherited from her late husband Jeremiah Nyaga in 1979.

Violent evictions

Many parts of Coast continue to witness violent evictions with land right activists warning that it is wrong timing given the country is headed to elections.

“One can say that these eviction are politically motivated given the fact that we are headed to elections next year. Whether it is aimed at displacing people or paint the national government in bad light, it is wrong to evict people at this time,” said Nguma Charo, Pwani Youth Peace chair.