Court blocks new cases, freezes Mtwapa land

The Environment and Land Court in Malindi has barred all parties involved in the disputed 161-acre parcel of land at the Mtwapa Maweni Settlement Scheme from filing new applications pending determination of the main case.

Justice Evans Makori also issued an injunction halting any development on the land, which is at the centre of a long-running dispute involving over 1,400 residents and several wealthy individuals, including government officials.

The residents are urging the government to revoke titles issued on 57 of the 161 acres and allocate the plots to the rightful beneficiaries. The case has been before the courts since 2003. “In view of the back and forth in this case, I do not think I will entertain any further applications. It would be a total waste and abuse of the court process,” Justice Makori ruled.

He directed lawyers for both sides to focus strictly on matters relating to the suit and any pending cases in other courts. “

The matter will be mentioned on 26 November 2025 to set a date for ruling.

Lawyer Paul Magolo, representing the residents, said they were determined to end historical land injustices and secure title deeds for genuine occupants. “Allocation and issuance of titles in Maweni have been improper, corrupt, and contrary to the law. We are ready to fight to the end to defend the constitutional rights of these residents,” he said.

Residents’ chairman, Omar Chengo, claimed that the adjudication process had been compromised and the original beneficiary list tampered with. “We have 1,416 plots within the 161 acres. We welcome the court’s decision to stop all activities on the land until the case is heard and determined,” he stated. He further alleged that senior government officials in Kilifi County had allocated themselves land meant for locals.

Resident Gladys Nyamawi said some members had been arrested and jailed as intimidation. “We began this case in 2003. Although a Mombasa court ruled in our favour, land grabbers altered the list of beneficiaries. We have endured suffering and heavy expenses, but we will not give up,” she said.