Evicted squatters say Criticos lease expired, land now public property

Taita-Taveta, Kenya: Thousands of squatters who had invaded the controversial Machungwani Farm owned by former Taveta MP Basil Criticos, in Taita-Taveta County were forcibly evicted on Friday.

The 99-year lease for the 3,000 acre farm expired in January and the National Land Commission (NLC) is yet to decide on Criticos’ application for renewal of the same.

It is one of the many farms held by politicians and tycoons in Taveta District and which local residents want reverted to the county government.

Police and the farm security guards who said they were executing a High Court Order torched the squatters houses before they evicted them yesterday morning.

About 5,000 families had encroached on the land since January. Taveta Deputy County Commissioner Hiribae Nkaduda, and area OCPD Gababa Darso, said more than ten squatters and their families had been evicted.

He said the government was executing a High Court Order that was granted to Criticos.

“It is true the land lease expired in January, but this does not guarantee people to invade it. The local community should wait for NLC to decide on the next course of action,” said Mr Nkaduda.

Speaking to The Standard on Saturday from his Taveta office after the evictions yesterday, the DC disclosed that Mr Criticos had written to the NLC to extend his farm lease.

“Criticos has applied for the renewal of the lease and the NLC is yet to determine whether to renew the lease or not. Like any other Kenyan, the former MP has every right to continue cultivating the farm like other people who have invaded it after expiry of the 99-year lease,” said Nkaduda.

“The law allows the land owner to continue occupying the land until the matter is decided,” he added.

“The former legislator brought tractors to start working on the disputed farm, which has already been invaded by squatters. He won the case and was issued with a court order, which the government is now executing,” added Nkaduda.

He said the government evicted those who had failed to honour an earlier order requiring them to voluntarily leave the farm.

“Some of the squatters voluntarily left the area while others disobeyed. We are now dealing with those who have refused to comply,” he said. Nkaduda and Mr Darso warned residents against invading the disputed Machungwani farm.

They said residents should not take advantage of the expiry of the land lease. “We will not allow people to invade private property. We have intensified patrols and anyone found will face the full force of the law,” warned Darso.

 

“Squatters should respect the rule of law even if such land leases have expired,” insisted the police officer.

The farm has been at the centre of controversy between Criticos and local residents who had invaded and sub-divided it among themselves.

The former MP said the land still belongs to him because the NLC had not decided on its status, but local leaders said the farm’s lease had expired and it is now State property.

Settlement programmes

The leaders, among them three ward representative Chrispus Tondoo (Bomani), Ronald Sagurani (Mahoo) and Maskuji Fundi (Mboghoni), urged the squatters to be calm as they await resettlement.

“The 99-year lease owned by the former MP expired in January and the land now belongs to the State. The lease will not be renewed as the owner had not effectively developed it,” said the County Governor John Mruttu in a past interview.

“The government has good plans to settle the landless in the area and residents should work with the County Government to facilitate settlement programmes,” added Tondoo.

Taveta MP Noami Shaban, complained that the delay in establishment of the County Land Control Board is complicating the squatter menace in the region.

“The land board is supposed to be in place now to work jointly with the NLC to address the thorny squatter issue in the area,” she said.