Kilifi residents claim cartel out to grab their land

Sabaki, Kilifi County, residents protest outside the Agricultural Development Corporation Kisiwani on October 12, 2018. They claim the firm's land has been grabbed. PHOTO | KAZUNGU SAMUEL | NATION MEDIA GROUP

Fear has gripped the Madzimbani-Matangoni Settlement Scheme in Kilifi County as residents allege political interference in a dispute pending in court.

The more than 35, 000 families residing in the 71, 000 acres parcel of land in Mariakani have rejected calls for mediation and asked politicians to steer clear of the dispute.

The residents allege that powerful land cartels and well-connected individuals have colluded with the aim of defrauding them of their property.

They want those proposing mediation to allow the matter to be concluded in court, where they have filed their grievances.

"The issue of land is very sensitive, especially here in Kilifi. We filed this matter in court so that the dispute can be decided there, so politics should be kept off,” said 80-year-old Mzingo Mbudzya, who led the demonstrators.

She said that the residents will not move out of the property until the Court of Appeal makes its decision.

The dispute over the ownership of the land is between Mumba Chome clan and the three clans of Mwabeja, Mwamundu, and Mwakai.

In 2018, Environment and Land Court in Malindi ruled that the property belongs to the Mumba Chome and its title deed was registered in the name of Mr Tsagwa Ngala (deceased).

The ruling by Justice Oscar Angote handing the Mumba Chome clan the proprietorship of the property exposed the rest of the three clans that also laid claim to the property to eviction.

The ruling left the three clans landless, and, therefore, were required to either acquire the land or look for an alternative piece of land to resettle.

The three clans then preferred an appeal to the Court of Appeal, where they obtained orders temporarily halting their eviction.

They have questioned the title documents held by the Chome clan, arguing that it was fraudulently obtained.

The land in question is in the Matangoni area in Mariakani.

The Ministry of Land has in the past raised issues with title deed that was registered in the name of Mr Ngala, which it argued had led to endless boundary disputes within the parcel.

The title deed issued to Mr Ngala covers huge swaths of the land parcel in question.

The affected clans staged a demonstration saying that they were not ready to enter any negotiations.

The demonstrators questioned how Mr Ngala’s name was roped in as if he owned the land on behalf of the clans.

“We do not understand how he acquired the title deed on behalf of the clan. We will not be evicted until our case is heard and determined,” Charo Karisa said.

Youth leader Ndaro Zuma has asked those pushing for evictions to desist from doing so because the case is still active in court.

“We will stay put. The case must be allowed to come to its logical conclusion,” he said.

He said that the eviction plans are schemes by highly connected individuals to defraud the clans of their property even before the Court of Appeal pronounces itself on the matter.

The three clans have opposed any mediation that the county government of Kilifi has tried to end the dispute.

Developments in the land comprise homesteads, schools, churches, mosques, farms, and community graveyards. The property is adjacent to the Mombasa- Nairobi highway.