Kwale family begins eviction of squatters from 309 acre land on Wasini island

Land owners protest against a high court ruling over the ownership of their land amounting to more than three hundred hectares of land to an individual where more than one thousand six hundred will face eviction. [File, Standard]

A Kwale family that got a title deed for 124.7 hectares or about 309 acres on Wasini island after more than 30 years of a protracted legal battle has now rolled out the eviction process for occupants.

The Saggaf family has sent out letters to five hotels built on the land to remove their structures or negotiate for lease within 90 days to be forcibly evicted.

The letters dated November 11 this year have been sent out to Mohamed Abdallah and Kassim Abdallah of Mppunguti Restaurant, Rashid Hamisi of Sunrise Cottages, Feisal Abdallah of Blue Whale Cottages, Juma Abdallah of Ocean View Hotel and Juma Hemed Juma of Wasini Coral Adventurres.

Chairman of the Saggaf family Mr Mohamed Maula Saggaf issued the notice through Munyithya, Mutugi, Umara and Muzna Company Advocates.

Mr Mohamed Maula Saggaf, Mr Nassir Kiboga, Mr Hassan Nassir, Mr Mohamed Nassir and Mr Ahmed Nassir represent the Saggaf Alawy family.

“Our clients are the registered grantees from the government of Kenya for a freehold title of all that land measuring approximately 124.7 hectares being parcel number LR No.33398. The family was issued with the title deed on September 10 this year.

“That before the title was issued, you unlawfully entered and erected structures on the said property without consent or any lawful authority. Your continued occupation on the property amounts to trespass and unlawful interference with our client’s rights,” said the lawyers in the notice.

In the notice, the lawyers told the hotel owners to engage in negotiation for leases or possible sale of the property if they wanted to continue occupying the land or face eviction.

“Failure to comply with this  demand within the stated period leaves our client with no alternative but to initiate legal eviction and removal of your structures,” said the notice.

Earlier, the family had vowed to kick out hoteliers, quarry operators and about 25 squatter families residing on the land.

The family said they were issued with a title deed registration number 33398 on September 10 this year and were planning the removal of those who occupied part of the land.

The beach land worth more than Sh2.5 billion belongs to the family patriarch the late Mr Alawy Saggaf.

Maula Saggaf and spokesman Alawy Abzein said they had been fighting in the courts since 1981 and were grateful that justice had been served after more three decades of their struggle.

Saggaf warned that the family only give the occupants of their land the option of buying the parcels at market value or demolish their premises and homes, saying they will soon effect court orders.

The family said less 10 percent of the parcel has been developed by the hoteliers and squatters.

“We are happy as a family that the dispute has ended without any loss of life and we are going to remove all the people and businesses that are there illegally. We know those who have destroyed part of the land through quarrying and we are going to sue them,” he said.

The family said the land had been erroneously subdivided by the then land adjudication officials in Kwale into 87 plots prompting them to go to court and the National Land Commission (NLC) to seek justice.

Mr Abzein said the land was worth more than Sh2.5 billion while the occupied area is less than 10 percent and estimated at less than Sh500 million.

“The land had been grabbed by influential people and it was difficult to get it back because even a parliamentary committee that visited the parcel sided with the grabbers and incited them against our family,” he noted.

He said the family first went to court in 1981 and high court justice Mbogholi Msaga made a determination in their favour.

Ms Khaulat Mohamed said they were grateful to God that the judiciary and NLC finally returned the family land.

 The whole island underwent land adjudication beginning in 1979 and the title deeds were issued in 1984.

At the time of registration, a total of 428 plots had been adjudicated. The total acreage of the whole registration section was 403 hectares or about 1000 acres.

But the Saggat family disputed the adjudication process and the matter ended up in court in 1981 and judgment was delivered in 1995 in favour of the family that claimed part of the island.