By NGUMBAO KITHI
Lamu, Kenya: Over 700 squatters living on Witu Nyangoro ranch in Lamu have been served with an eviction notice over a land dispute dating back to 1962.
Lawyers issued the notice on May 15 ordering the squatters to vacate the land in 10 days but the eviction was not enforced because the police felt a court order is more compelling compared to the notice.
Police and Provincial Administration have promised to enforce the eviction if served with a court order.
Lamu West OCPD Joseph Sigei said yesterday that police have not seen a court order to evict squatters adding that authorities will not move on the strength of “demand letters from lawyers”.
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The squatters allege their parents were evicted from the land in 1962 by Shifta bandits and argue they have a right to return to what they consider their ancestral land.
They have been flocking back to the ranch over the years from different parts of Coast following return of security but now their determination to reclaim the land has alarmed a pastoralist community laying claim to the land.
The eviction letters were written by lawyer Mogaka, Omwenga and Mabeya. They say the Witu Nyongoro Ranch, C.R 57750 L. R. 29274 Company are their clients and are the duly registered owners of the land.
The letters further state that the alleged squatters have constructed structures on the disputed land “without authority and permission” and also destroyed trees “without authority and permission of the owners”.
“We now put you on notice that unless you quit, vacate and stop acts of trespass unto our clients’ land within 10 days from the date hereof, we have very firm and strict instructions to sue you for injunction and damages, which our clients are incurring in terms of loss of use of land and also financial gain at your own risks as to costs and consequences,” the letter said.
Yesterday, Lamu County Commissioner Stephen Ikua said the Government will not allow arbitrary settlement of people and put the number of squatters on the land at between 600 and 700.
But a local elder, Jonathan Mketa told The Standard that records available indicate there were more than 6,000 people facing eviction.
“The people who live here are victims of the Shifta war crisis in 1962 and through our systems, we can confirm we are originally from here,” he said.
However, Ikua said those claiming to have left the area in 1962 have not provided evidence to back their claims.
Moved out
Chief Jamal Mzee said those living on the disputed ranch are about 700 people.
“There are people from Kilifi and Malindi who have invaded the village and claim they moved out of the land in 1962,” Ikua said.
He said the Provincial Administration was yet to be informed of the new claimants.
“The people who moved out of the place and settled elsewhere must give us the history of what happened and why they want today to move to the region. We are not going to allow them. We have sent letters asking them to pack and go,” he said.
Locals denied claims by the local Provincial Administration that they were land grabbers in the area.
“It is true some villagers moved out of this place during the shifta wars in 1962 and they want to go back there due to the prevailing peace in the region,” he said.
He said the elders were aware of how to vet the locals to know if they came from there or were fake claimants.
