Swazuri says military owns Kwa Mbuzi land

National Lands Commission chairman Muhammad Swazuri (right) points at a map showing the disputed 1,600-acre Kwa Mbuzi land in Nanyuki, yesterday. [Jacinta Mutura, Standard]

The 1,600 acres of the disputed Kwa Mbuzi land in Nanyuki belongs to the military, the National Land Commission (NLC) has declared.

The declaration by NLC chairman Muhammad Swazuri that the Kenya Defence Forces (KDF) are the rightful owners of the land has dashed the hopes of hundreds of squatters who had long laid claim to the expansive land.

“The documents we have show that the land belongs to the Department of Defence and its ownership is also gazetted,” said Swazuri.

The commission ruled that the land located near Kanyoni was acquired by the military, which has a title deed, in 1957.

Swazuri, who was speaking yesterday during a meeting that brought together Kwa Mbuzi residents, military representatives and the commission's personnel, dismissed claims that the area was the squatters' ancestral land.

Permanent ownership

The land has been a source of dispute between residents and the millitary for over 60 years, with some locals moving to the courts seeking to be granted permanent ownership.

The long-running wrangling has also been a source of constant friction between the two parties with the residents claiming that the military has always accused them of being a security threat.

The NLC boss said the national government would relocate the squatters to an alternative piece of land but failed to reveal any more details.

The land woes started in 1955 when the colonial government based in Nanyuki issued a notice declaring that livestock should not be allowed into Nanyuki town owing to destruction of flowers meant to decorate the town.

The District Commissioner further ordered chiefs and their assistants to evict livestock owners and residents from the town.

“I have read the notice that was written by the then colonial administration ordering eviction of livestock and people from the town and the environs but it did not state where the residents would be relocated to,” said Swazuri.

Two years later, the minister for Internal Security and Defence John Kusak issued a gazette notice declaring military forces as the lawful possessors of the land.

“The gazette notice was issued, but it did not recognise that there were people living in that area and the beacons were not put to describe it,” Swazuri said.

He added: “According to the law, the land belongs to the Government and until a de-gazette notice is issued - which has never happened - it is not possible to allocate the land to you. But the county commissioner will help in identifying the original list of the genuine squatters so that they can be allocated another land."

Buffer zone

According to the Lands Act, public land reserved for security cannot be allocated to the people and soldiers have been using the territory as a buffer zone, Swazuri stated.

The lands boss further declared that the titles acquired by individuals for the same land were null and void, saying that a notice to revoke them would be released in a week’s time.

“You cannot have a title deed for government land and especially not for the defense forces,” he said, urging the department to fence off the property.

The residents were, however, allowed to graze their livestock with permission from the military officials.

Speaking at the event, Governor Ndiritu Muriithi noted that cases of grabbing public land were rampant in Laikipia and accused the Lands office of complicity.

“It is not a wonder to find someone producing a title deed for land meant for public institutions like schools and, somehow, they manage to sell the land with those fake documents,” he said.