Mombasa squatters shock after NLC chair reveals Utange land owner

Mombasa County executive member in charge of Lands, Francis Thoya [right] addresses Kaya elders and squatters at Lamkane, Bamburi in Mombasa. 50 squatters have been arrested in 135 acres of land which is under dispute. [PHOTO: OMONDI ONYANGO/STANDARD]

MOMBASA: National Land Commission (NLC) Chairman Muhammad Swazuri Tuesday announced the disputed 135-acre in Utange legally belongs to Jonathan Kagiri and its lease will expire in 2066.

Thousands of squatters, who have been occupying the land and were expecting to be settled there, were astounded to learn that Kagiri’s lease was initially for 999 years and was to expire in 2966. This changed following the 2010 constitutional move that reduced all leases to 99 years.

It was a bitter pill to swallow for many who said they cannot reconcile Kagiri’s legal claims, saying they have ancestral entitlement to the property.

Dr Swazuri tried to calm the squatters, informing them “this is the bitter truth”, which they need to accept regarding ownership of the land that has been the subject of many court cases, invasions and occupation often leading to violence and arrests.

Pin-drop silence ensued on Monday evening when Swazuri read out details of ownership of the farm in Utange, which dashed the squatters’ hopes.

REAL OWNER

In the morning, things appeared to be going in favour of the squatters when Swazuri announced that Gladys Njeri Kagiri, who has featured in court cases defending the lease, was yet to submit documents backing Kagiri’s ownership of the farm.

But their hopes were dashed in the afternoon when she submitted them through her lawyer.

It is not clear where Jonathan Kagiri lives and Gladys Njeri is presumed to be his relative.

According to details in the title submitted by Njeri’s lawyer, the farm was leased to three Patel brothers on March 1, 1926 who were also given a 999-year land lease expected to expire in 2025 in line with the 2010 constitution.

Swazuri said the paper trail shows the farm was taken over by the Government on November 15, 1966 after its owners could not be traced and a Gazette notice issued on November 28, 1967.

“The entire farm (135 acres) was sold through a public tender advertised in the mass media. Jonathan Kagiri won the 1967 tender and the 999 year lease was started afresh,” Swazuri said when he addressed the squatters at the farm.

He continued: “This farm has its owners because this evidence shows it was bought through public auction. The law is very clear that the holder of the title is the owner of the land. This is the truth we have been waiting for.”

His remarks caused immediate acrimony with area MP Rashid Bedzimba and Lands Executive Francis Thoya asking the NLC chair to further examine the title before issuing a ruling.

“We know there were injustices surrounding ownership of the farm. Please go and investigate how those claiming to have ownership documents came to have them,” Bedzimba said.

PUBLIC AUCTION

Thoya said public auction was one of the ways that had been used to con natives across the Coastal region and asked NLC to investigate the title before making a decision.

“How do you expect people at the Coast to have known about a Gazette notice in those years?” Thoya asked.

 “This news of the land’s ownership has shocked me today. I grew up here and today I am shocked to hear someone from upcountry claiming to own this land,” said Masoud Salim.

When he rose to speak for a second time, Swazuri appeared to change his tune and promised to scrutinise the documents to determine authenticity, saying he would give a verdict in a month’s time.

“When we get documents such as this, our responsibility is to examine whether they were acquired genuinely,” he said.

He said a bill by NLC currently before Parliament for debate will address historical injustices surrounding land ownership across the country.

Mr Thoya also asked that charges of 50 persons arrested on Wednesday last week, who included six elders, be dropped as talks to resolve the matter continue.

Earlier, leaders including Bedzimba, Kisauni Deputy County Commissioner Julius Kavita and Swazuri met with various owners of the plots who also presented documents claiming ownership.

“I do not support anyone invading another’s land on mere claims it belongs to him. This country is governed by the rule of law and there are channels to be followed,” Thoya warned the alleged plot owners.

Bedzimba said the ball now lies with the county government and NLC to find a lasting solution.