Land Disputes in Mombasa: A Step Toward Resolution
Evictions caused by land disputes in Mombasa may soon become a thing of the past, according to Senator Mohamed Faki. This comes after the adoption of a report by the Senate Standing Committee on Lands and Natural Resources, which was based on a petition submitted by Mombasa residents, led by Nagib Shamsan. The petition aims to secure recognition of land ownership rights and address historical injustices.
Faki highlighted that the adoption of the report is a significant step toward resolving long-standing land challenges in Mombasa and ensuring justice for affected residents. He outlined four main recommendations from the report:
- The National Land Commission (NLC), which has the mandate to address historical land injustices, should expedite its report, which he claims is already completed.
- The NLC has stated that there should be no evictions in Mombasa until the government purchases disputed lands.
- Both national and county governments are urged to buy off disputed parcels of land so that squatters can be settled on them.
- Public participation is essential for the subdivision of public land, but Faki noted that advertisements for such exercises are often hidden in small sections of national newspapers, making it difficult for residents to stay informed.
The report also references a previous instance where the national government purchased the Waitiki land in Likoni on behalf of residents. In this case, residents were allowed to stay on the land while paying Sh2,000 monthly to the government until the debt was settled.
Historical Land Issues and Subdivisions
Faki emphasized that the land question has been a persistent issue for many residents in the Coast region. In Mwembe Kuku, within Mvita subcounty, there are parcels of land that have been illegally subdivided and sold. For example, plot 232 was originally issued in 1908 with a size of 3.02 acres. However, a new title issued in 2002 claimed the same plot measured 5.2 acres, an increase of about two acres. Faki questioned where these additional two acres came from and called for the county government to investigate and issue a report.
Public participation is crucial for the subdivision of public land, but Faki lamented that the process is often opaque. Residents are usually unaware that their lands are being subdivided. He cited an example where a resident knew their plot number was seven but later received a letter stating it was now number 21 without any explanation.
Tensions Over Land Subdivision in Kashani
A notable case of tension is in Kashani, Bamburi ward of Kisauni subcounty, where there is high concern over the impending subdivision of 900 acres of land. The NLC issued a directive that 300 out of the 900 acres of land belonging to a company be subdivided for residents. However, this has created conflict, as some residents are being forced to pay Sh500,000 for the plots they live on, while others, who are considered indigenous, are not required to pay.
Faki pointed out that it is challenging to identify indigenous residents and that this could lead to discrimination. “Any Kenyan has the freedom to settle anywhere in Kenya. You cannot go anywhere and say these are the indigenous people and these are not. That will be discriminatory,” he said, urging the NLC to revisit the Kashani land issue.
Financial Challenges and Advocacy
Shamsan, representing the Kenya Land Alliance, expressed satisfaction with the adoption of the Senate committee report. However, he criticized the slow pace at which the county government and the NLC are addressing land issues in the Coast. “We would like them to pull up their socks because justice delayed is justice denied. Some of the houses we fight for are generational wealth passed down to us by our forefathers through inheritance,” he said.
Additionally, Faki mentioned that Sh2 billion was allocated by President William Ruto to settle squatters at the Coast in the last fiscal year. However, this amount was reduced to Sh500 million due to protests related to the 2024 Finance Bill, and the funds did not materialize.