By Willis Oketch and Joseph Masha
A court case spanning two decades and linked to Mombasa’s colonial history threatens to leave over 10,000 families destitute in Kilifi County.
The threatened families, some of whose ancestors settled on the land over a century ago, face eviction after the land reverted to the Mazrui Trust Land via an order of the court. This is after the government lost a case to the Mazrui clan which sued it 21 years ago for repealing the law that bestowed thousands of acres on the Kenyan coast to the Mazrui lineage in 1989 and converted it into trust land for distribution to the landless in the region.
On July 19, High Court judge Justice Francis Tuiyot declared in a ruling i: “All other lands vested in the said board of trustees for the Mazrui, by the Mazrui Lands Trust Act (Cap) 289) of the Laws of Kenya (now repealed) were also vested in the Mazrui, as lawful proprietors thereof, and to the exclusion of all other persons.”
The ruling suggests that the Government had no power to allocate the land to anyone else or “determine the question of the ownership of such land”, a ruling that sparked panic among peasants, squatters and beneficiaries of the allocations in the 1990s. The families camped at the local District Officers office in Takaungu on Tuesday demanding assurances they would not be kicked out.
Justice Tuiyot’s ruling has political ramifications in the Coast province where the Mazrui clan has exerted influence for almost two centuries with key members of the family holding key posts in politics, religious circles and business.
Ancestors of the Mazrui once ruled the port city after rebelling against the Sultan of Oman that laid claim to the coastal belt. It was when Mombasa was under the grip of the Mazrui clan that Britain extended its control to cover Mombasa and 470 kilometres of Kenya’s coastline.
The Mazrui were dislodged from power in 1828 after Sultan Seyyid Said reclaimed power in Oman. The Mazrui then dispersed to the land in Takaungu near Kilifi. In his ruling, Justice Tuiyot declared the takeover of the land by the government two decades ago was a “constitutional violation of the applicants fundamental rights to the property.”
According to historical records the Trust has laid claim to this land on the basis of certificate of title No 409 of April 4, 1914 when the Mazrui Land Trust Board was registered as proprietors of the land containing 9,100 acres. The claim is also based on the so-called Mazrui Land Act or Cap 289 repealed in 1989. The repeal of this Act deemed all lands vested in the Mazrui Land Trust Board as trust or government land. Apart from the land in Takaungu the Mazrui clan own other parcels on the Kenyan coast.