Thousands of squatters face eviction as Swazuri seeks to end land disputes

National land Commission chairman Dr. Mohammed Swazuri (Right) confers with Kisauni DC Julius Kavita during a meeting with squatters at Uhuru na Kazi boardroom in Mombasa County on Friday 13th November 2015. Swazuri said he is going to to have a meeting between Westlands Property Limited , the owners of the controversial land and the squatters to find a lasting solution. [Photo/Kelvin Karani/Standard]

Thousands of squatters at the Coast face evictions after the National Land Commission (NLC) sent a strong message to those who’ve invaded private and public land.

NLC Chairman Muhammad Swazuri said the government will not sit and watch as squatters and land brokers invade private land.

He said sanctity of title deeds must be respected and that invaders will have to move out of private land in a move expected to affect thousands of residents.

Speaking in Mombasa, Dr Swazuri said the commission would move to Kilifi and Kwale to resolve long-standing land disputes between squatters who claim ancestral ownership and affected property tycoons.

“We want to end these land disputes between those with title deeds and settlers especially in Kisauni, Likoni, Changamwe and Bamburi,” said Swazuri.

Oppose evictions

Mombasa County Commissioner Nelson Marwa has in the past published a list of 15 men he claims are inciting people to invade and occupy public and private land.

“Land is a critical question and we cannot let it be used to settle scores. There must be sanity and we will not allow a few people to destroy the peace. The government has a role in protecting private property,” said Marwa.

He went on: “We have identified land grabbers who have been rounding up armed men forcing their way into private property and evicting genuine land owners and subdivide the land posing as squatters.”

Most of the land which has been invaded is that whose 99 leases have expired or belongs to absentee landlords in Kisauni, Likoni, Changamwe and prime plots in Mombasa town.

Yesterday, Swazuri said other areas that have been invaded include Hussein Dairy, ZumZum, Kwa MuEthiopia and Thadini.

It is estimated that over 45,000 squatters on four parcels of land in Kisauni sub-county will be affected.

In Mombasa, armed youths have invaded and subdivided private land in the controversial Swaleh Nguru in Utange, Kwa Bulo area in Kisauni, Bombo and Kadzandani.

Squatters’ representatives and Kenya Land Alliance Coast co-ordinator Nagib Shamsan opposed the arbitration process spearheaded by the commission saying some disputes are already in court.

“NLC has appointed itself the arbitrator without informing the courts. Some purported land owners have not developed the parcels and have never been seen until today,” argued Shamsan.

He also claimed some land owners have secured loans using the parcels as collateral and they had no right to seek the renewal of the leases given they have not developed the land.

Other than Mombasa County, other counties affected by land invasions are Kwale, Kilifi, Taita Taveta and Lamu where investors have found it hard to develop their parcels occupied by the squatters.

Governors Hassan Joho (Mombasa), John Mruttu (Taita Taveta), Amason Kingi (Kilifi) and Issa Timamy of Lamu have vowed to oppose any evictions until the NLC determines whether leases of the disputed parcels of land had expired.

Joho has been pushing for quick resettlement of squatters living on the 930-acre Waitiki Farm in Likoni sub-county.

Already, Mruttu’s administration has ruled out the renewal of 3,000 acres belonging to former Taveta MP Basil Criticos saying the land will either be subdivided to settle squatters or used for county government development projects.

In Kilifi, Kingi has also identified several parcels of land whose lease is due to expire and vowed to oppose any effort to renew them. The farms invaded by squatters in Kilifi include Kiwandani, Kilifi Plantation and Majengo Kanamai.

“The NLC should act as arbitrator and settle the squatters once the disputes are determined,” said Kingi recently.

Swazuri said negotiations between title deed owners and settlers were the best way to resolve the problem that has seen many families evicted and their houses demolished in recent past.

He said those with titles are regarded as rightful owners of land but there should be an understanding between the two groups on a resettlement formula.

The chairman said they had reached an agreement with over 600 members settling on three parcels of land in Dhatini in Mombasa measuring 4,320 acres.

He said directors and members of Dhatini will discuss with the title owners which part of the parcel shall be given to the people.

“When the owners bought land in Dhatini, in 1979, they knew there were people already living there,” said Swazuri.

The chairman said they would distribute the land while putting into consideration who came there first.