Lobby demands return of land 90 acres Mombasa beach land
The Commission for Human Rights and Justice Executive Director Julius Ogogoh.
The Commission for Human Rights and Justice has threatened to go to court to force Kahia Transporters to return 90 acres it claims it bought for public use in Port Reitz, Changamwe Mombasa County.
The commission wrote to Kahia Transporters on November 2, 2023, but has not received a response, so the human rights body says it will go to court to reverse the land transaction.
The commission says the land the company claims to have bought is riparian land and therefore cannot be privately owned.
In the letter, the executive director of the Human Rights Commission and a lawyer, Julius Ogogoh, says he will go to court to seek the cancellation of the title and its immediate return to the land registry.
"We are questioning how this land was brought because it is riparian land. The move by a private developer to buy it has denied many beach users the opportunity to carry out their activities on it," said Mr Ogogoh.
Mr Ogogoh also wants the Kahia Transporters to stop all activities on the land.
Mr Ogogoh argues in the letter to the company that their continued occupation of the land is in contravention of the Water Act 2002, the Agriculture Act and the Water Management and Coordination Regulation of 2006 and the Survey Act 2009.
"It has come to our attention that you are in possession of land that is not available for private ownership or development. This is because it falls within the definition of riparian land. Ownership of riparian land by an individual or juristic person is governed by several laws," the letter reads.
"Your ownership, occupation and use of the said parcel of land has interfered with the ecosystem as the growth of mangrove trees, a breeding site for aquatic creatures and denied several beach management units duly registered from their operations and rights to use the said land for fishing landing sites," the letter added.
Mr Ogogoh also claims that the certificate of title was fraudulently obtained as the land is not available for private ownership.
"As we are aware that you purchased the land for value, had you conducted due diligence prior to the said purchase, you would have discovered that the certificate of title was either erroneous and/or fraudulently obtained as the land is not available for private ownership as it is a riparian land," says Mr Ogogoh.
"Please be advised that if you fail to comply with the above demand immediately, we reserve the right to take legal action against you at your own peril as to the costs and consequences thereof," he added.
