Land ownership: Maweni residents’ dream remains unfulfilled

Title deeds

Lands Cabinet Secretary Zacharia Mwangi Njeru (left), his Principal Secretary Nixon Korir (second right) and National Lands Commission Chairperson Gershom Otachi (centre) during the issuance of title deeds in Maweni-Mtwapa, Kilifi County on March 30, 2023.

Photo credit: Kevin Odit | Nation Media Group

What you need to know:

  • It is emerging that only 15 title deeds were handed over, with over 1,300 yet to be processed and some allocated to the wrong people.
  • Aggrieved residents have also accused senior government officials and local politicians of illegally allocating themselves prime beach-front properties. 

It has been 15 years since residents of Maweni-Mtwapa moved to court and thwarted attempts by a grabber to dispossess them of 57 acres of land after demolishing their houses.

But since then, little has changed; while the land remains theirs in theory, the dream of acquiring titles and legally possessing it remains a mirage.

Months after the national government indicated its intention to resolve the land row once and for all this year, it is emerging that only 15 title deeds were handed over, with over 1,300 yet to be processed and some allocated to the wrong people.

Aggrieved residents have also accused senior government officials and local politicians of illegally allocating themselves prime beach-front properties at the expense of genuine beneficiaries. 

According to documents seen by the Nation, the land was surveyed by the government in 2017 and 1,401 beneficiaries were listed, but the title deeds that were processed were for people who are not residents.

In June this year, Lands Cabinet Secretary Zachariah Njeru visited the area and handed over 15 title deeds promising 1,200 others would be issued through the Kilifi lands office. With him was Lands Principal Secretary Nixon Korir, Parliament’s Land committee  and National Land Commission (NLC) Chairman Gershom Otachi.

But it has since emerged that due process was not followed as some people were allocated wrong parcels and some did not receive letters of offer.

“We were shocked to see how some people got the land since they were not in the official register. Several prime plots were marked “Vijana” but we have learnt they were meant to be allocated to senior government officials who have now moved in,” said Sabina Mutua ,one of the aggrieved.

She added: “The way some of the titles are being given out is questionable as they are given secretly in hotels and in some local leaders’ houses without even signing any document.”

At the site, the few who received titles after CS left got two documents with different details for the same piece of land, complicating the matter. Mr Kungu Kajimbi showed us two titles. He said that in July, he received a title deed bearing his name for the same plot that has his mother’s name on another title.

“The first title under my mother’s name was issued in Mombasa on May 27, 2015 and the other under my name originated from Kilifi. This has caused confusion as some family members think I have short-changed them,” said Mr Kajimbi.

Other beneficiaries were allocated land in areas different from where they have built.

“We have never received any letters of confirmation of allocation or land parcel numbers to enable us to identify our parcel numbers. I was given land about 700 metres from where I stay and on the land meant for me, someone has built a bungalow,” said John Kariuki.

In 2017, the government conducted a survey in the scheme and the Ministry of Lands started the process of allocation through the Maweni Settlement Scheme. A ground survey was done and each resident was to get a plot measuring 50 by 100 metres.

In June, residents moved to court and obtained an order to stop the exercise saying the wrong people were being allocated the land. Through their representatives, Stephen Kahindi Ngumbao, Gladys Riziki Nyamawi, Hassan Mzee Khamis, George Wanje Chonjo, Mwarua Tsongo, Sabina Mutua, Julius Dzombo Nguma, Faith Mutheu, Thomas Safari and Irey Abdi, they protested the alleged illegal titling process that saw strangers and non- locals being allocated land.

Justice Evans Makori of the Environment and Lands Court in Malindi issued the conservatory orders restraining the Ministry of Lands, NLC, Kilifi County Lands and Settlement Officer, Kilifi Land Registrar and the County Government of Kilifi from further interfering with the land.