Communities claim land belonged to their ancestors

By John OywaThe scenery is breathtaking. Sandwiched between the expansive Nyando valley and the Nandi escarpment, the settlement scheme spreads as far as the eye can see.A resident of Songhor shows a security officer direction from where the enemy attacked them in the Nyando-Nandi border. [Photos: Titus Munala/Standard]It rises from the foot of Kajulu Hills in the outskirts of Kisumu and spreads past the moribund Miwani Sugar factory towards Chemelil and Koru on the Nyanza-Rift Valley border.But the Kibos, Miwani, Muhoroni, Nandi and Chemelil sugar belts also bear the scar as the melting points for deadly land-related disputes. Investigations show that feuds over land have resulted in many cross border clashes.There has also been disquiet among the two communities over the exact boundaries of Rift Valley and Nyanza around the Muhoroni area, with some saying the colonial demarcations were inaccurate.Tribal emotionsTension and intermittent clashes have adversely affected the growth of shopping centres such as Kibigori, Chepsueta and Chemase and slowed farming activities. Politicians have been accused of using the land question to whip up political and tribal emotions every election year.Sources told The Standard that last month’s skirmishes between the Luos and Nandi, which left seven people dead, may have been fuelled by attempts by both sides to control a large parcel of land along the border.The 1,100 hectares Potopoto farm in Kibigori area has been the subject of tension among the two communities, even though the Government claims to have acquired it from an original owner.In 1992 and 1997 the neighbouring communities fought over the ownership of the land.Armed youthSome 300 squatters from both communities are living on the farm, which lies on the Nyanza side, accordion to Government officials.Central Nyanza Regional Commissioner Arthur Osia says the Government bought the land from an Asian businessman and wants to use it to settle squatters."There is no border dispute. The only problem I know is that squatters living on the farm are opposed to Government’s plan to bring in more landless people to settle there, but we are going to do it anyway," said Mr Osia.He added: "We plan to bring in between 600 and 700 more squatters there. The laws require that each squatter should own two hectares of land but they want more. This is why they are resisting moves to bring in more needy people."Former Muhoroni MP Aloo Ogeka says land disputes in the area were deeply rooted and accused some leaders from the Nandi side of insisting that the disputed farm belonged to their ancestors."There is a trail of historical injustices that must be resolved. "It is sad that some leaders from Rift Valley are claiming this land, which is clearly on the Nyanza side," said Ogeka.A Nandi farmer, Kipketer Onembo, says the conflicts in the area have been caused by Government’s failure to clearly declare the boundaries between the two provinces."The Luo claim their boundary stretches up to the escarpment while the Nandi insist it is only up to the Railway line. Why can’t someone come out and tell us which is the real boundary?" asked Onembo.So explosive is the land issue around the Kibigori farm that both communities have been deploying armed youths to guard the disputed farmlands.But as the tension over the Potopoto farm spreads, another explosive dispute is building across the Nyanza/ Rift Valley border. Swiftly arrestedA group calling itself Kajulu Kithimo Welfare Association has been camping in Government offices, seeking to be given back hundreds of acres of prime land allegedly allocated to large scale Asian settlers before independence and whose 99-year leases had expired.The group with 5,700 members is demanding back a large swathe of agricultural land from River Kibos to Chemelil. This land was initially allocated as a reward to a few Indian engineers who helped build the Kenya-Uganda Railway line in 1901." Residents were violently evicted from our land in 1901 to give room to the Asians. The records are still there. The leases expired in 2002 and we now want back the land," says the group’s Chairman, John Omolo.He added: "We know the land has changed hands several times but we are now determined to get it back and nothing will stop us."In 2001, members of the group invaded a private land near Miwani but 16 of them were swiftly arrested and prosecuted for trespass and rumour mongering.They say the disputed Potopoto farm was part of their ancestral land grabbed by colonialists and now want it back.Documents dated November 10, 1909 and seen by The Standard show the Nyanza-Rift Valley boundary as a hot potato since 1909 when the pre-colonial PC for Kisumu Provincial Commissioner for Kisumu, John Ainsworth, tried to resolve the matter with little success.In February 2003, the then Secretary to the Cabinet Dr Sally Kosgey, now Minister for Agriculture, directed the Ministry of Lands to help resolve the issue.But the group says the Ministry of Lands has not acted on their complaints. The ministry had earlier promised to respond to queries by the Standard on Saturday regarding the matter but had not done so by the time of going to press.But a senior Government official who did not want to be named due to the sensitivity of the matter said it was highly unlikely the group would succeed."These people are not serious. The lands they are claiming have legal owners. Where have they been all this time?" he asked.Immediate former Muhoroni DC, Frederick Ouma says: "The problem in Muhoroni is that everyone here claims the land belonged to their ancestors. You just don’t know who is saying the truth."

Communities claim land belonged to their ancestors

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