By Alloys Musyoka
One of the famous Kaya Ukunda is nowhere after the national government through the land ministry and provincial administration gave it off to individuals ironically after setting it aside as a Kaya forest.
The entire around 20 hectares was divided amongst 25 individuals and companies with some currently doing agriculture while others developing it after cutting down over hundred years old trees that Kaya elders had protected them.
Coast Times Digital has established that among those who benefitted from the Kaya Ukunda forest then includes through the national government officials alleged fraudulent plan include plot 146 for settlement Fund Trustee,162 Settlement Fund Trustee,179 Paul Van Beveren,180 Hamisi Bwaga Mwaiga,164 Harshadkumar Jayantilal Vansant and 165 Gummite Singh Santokh.
Others are plot number 134 Ali Mbaraka Ali, 455 Nikky Tembo Investment, 163 Samuel Mwangi Mburu, 118 Peter Mwingow Chirima, and 117 Ann Elizabeth Wajiku among others.
Kaya Ukunda is one of the many Kayas that have been severely affected and it is now a shadow of its former self.
But how would the government set aside Kaya forest and come back to give it away to individuals.
Kwale National Museum of Kenya coordinator Matano Abdulrahman said that Kaya Ukunda only exists on maps but in reality, it is no more as private developers, locals, and non-locals encroached on the land and sub-divided it to themselves.
“The kaya is no more, numerous people have invaded the land and developed it, leaving only a small portion of the forest which is about to disappear,” he said.
In 1992, the national government through the Coastal Forest Conservation identified the kayas as National Monuments.
Kaya elders in partnership with National Museums of Kenya (NMK), Kenya Wildlife Services (KWS), and Kenya Forest Services (KFS) kept vigil to protect the forests.
With the increasing demand for prime land, especially the beach plots, some of Kaya forests are no more with others being on the verge of disappearing as the land-grabbing deepens in Kwale County.
This is due to limited beach land for development along the coastal region forcing land grabbers to change their focus on fertile sacred Kaya forests.
Making it worse the main culprits are often private developers, state officers, and some politicians who collude to steal the Kaya forest lands.
The situation threatens the existence of the Kaya forests and endangered forest coverage and animal species as well as conservation efforts.
Alteration in land adjudication
In 1975 Kayas under the Kwale County Council acted as a trustee on behalf of the local people.
Abdulrahman said it was during that time when a lot of injustices happened since the previous councilors started sub-dividing and leasing the Kaya forest lands and others selling a portion of them to private developers.
Kaya Ukunda, Diani, Tiwi, Waa, and many more were caught up in the saga.
Abdulrahman said by the time the Kayas were being gazetted some of them had already been grabbed.
“When we were gazetting them, we didn’t realize some of the Kayas were grabbed because the deal was done before the land adjudication,” he said.
The officer said the error in the gazettement process was either intentional or by design adding that before any gazettement thorough research must be done but unfortunately the people mandated to do the work bypassed the procedure.
He said that during the survey the government went ahead and picked some elders who physically assisted in demarcating the Kaya forest boundaries.
Abdulrahman said that the kayas were located but not properly adjudicated (given numbers) which paved the way for more land grabbing.
The NMK officer said that the Kaya Ukunda, was reserved outside the initial forest and the actual forest was made a settlement scheme.
At the moment, the area was gazetted as Kaya forest but people have title deeds claiming different ownership of parcels of land.
Former Ukunda councilor Hadi Salim Mwaguo affirmed that local leaders with a few government officers are involved in the Kaya Ukunda and other kaya forests’ land grabbing.
“We wanted to develop the kaya but it has been grabbed, unknown people have awarded themselves huge portions of land and their own plot numbers and title deeds,” he said.
He said the county council is the root cause of the historical land injustices in Kwale.
Mwaguo said they happened to take to court the county council but lost the case against it because some of the elders were bribed and withdrew.
He said the vice was sparked by the competition for beach plots which have become hard to find.
Mwaguo said Kaya Ukunda belonged to seven families from Magutu, Mkwakwani, Bongwe, Mbuani, Mabokoni, Shamu, and Mwamanga villages but unfortunately, the majority of non-locals have invaded the forest land.
Hamisi Juma Mwaviko, one of the locals accused of having grabbed the Kaya Ukunda forest land, denied the allegations.
He said he has a title deed and that the area is under the Diani Settlement Scheme.
Mwaviko admitted that the injustices occurred for the Kaya Ukunda forest land and were done by a few corrupt individuals from the government, especially the land ministry in cahoots with some locals.
He said the Kaya was gazetted but the gazette notice didn’t specify the actual block number of the Kaya.
“National Museum of Kenya wrongly identified the Kaya Ukunda area and went for the land earmarked for a settlement scheme whose majority was subdivided to the non-locals,” he claimed.
He said during the 1977 and 1978 land surveys, the area elders were tricked.
“The elders didn’t actively participate in the survey process but were assured that the Kaya land would be set aside for them which didn’t happen,” he said.
The Kaya Ukunda according to the gazette notice Vol. XCIV-No 14 March 1992 that Coast Times Digital was in possession was allocated land that was not initially where the Kaya was.
“All the area of forest land known as Kaya Ukunda measuring approximately 20 hectares in grid square 2,362 of map sheet 201/3, series Y731, edition 3-SK at a scale of 1:50,000 in Kwale District, Coast province,” reads the gazette notice.
Mwaviko said that Kaya Ukunda was allocated land in an area called Kajiado, a shrub outside the forest that is now owned by various people who are not indigenous communities (Mijikenda).
“Where we stand is part of the Diani settlement scheme and was mistakenly identified as Kaya,” he said.
It begs the question of whether the then land officials, national government officials, local leaders, and county council officials knew what they were doing when the land adjudication was being done to deny Kaya Ukunda land deliberately.
Kaya Diani
At Kaya Diani the situation is the same according to Chairperson Iddi Siwa who said that out of the approximately 19 hectares of the Kaya only between 7 and 8 hectares are remaining with about 10 people claiming ownership.
Former governor, former counselor in Kwale and former Kenya National examination council official are among those claiming ownership of the Kaya Diani land that has been protected by Kaya elders for decades.
“We are protecting this Kaya while fighting with people who come with title deed to claim ownership. We wonder how the government ended up giving away this land that we have protected for many years,” wondered Salim Mwasabu Kaya Diani, an official.
According to Iddi Siwa, cancelation of all Kaya forests individual title deeds will solve the issue at hand that is threatening the existence of historical sites and ritual areas that have been protected for many years.
“We also want the county government of Kwale to do fencing of all Kaya forests as they had promised to keep away land grabbers, “pleaded Siwa.
Kaya Tiwi
Coast Times Digital established that the old regime wanted to set aside Diani Complex land for tourism during the reign of the late President Jomo Kenyatta.
But the project was nullified when late president Daniel Arap Moi took over.
Moi would later refute claims of grabbing 14 hectares of Kaya Tiwi while directing the land to be given to the community according to National Museum of Kenya official Abdulrahman that was later grabbed.
Best Farmers Tiwi Community Based Organization Coordinator Mwajao said in 1992 Kaya Tiwi was gazetted and declared a national monument by the NMK.
But in 1998, the then Minister of Homes Affair Sherrif Nasir de-gazetted it under unclear circumstances.
However, NMK maintains that the de-gazettement was not official and doesn’t recognize it.
According to Mwajao, it was during that period of de-gazettement when land grabbers attacked the Kaya Tiwi forest land.
He said the land was divided into nine pieces and sold to different people before the community stood to defend their land.
Mwajao said in 2019, several private developers started coming out claiming ownership of Kaya Tiwi forest land and constructing perimeter walls.
In 2020, the county in partnership with Kaya elders went to court after realizing that the private developers had fake documents, and a court order stopping any development was given.
Coast Times can authoritatively report that Kaya Tiwi has been cleared completely. Indigenous trees of over 100 years and the shrine within the Kaya were also cleared under the supervision of police officers from Matuga.
Mwajao said that afterwards Kaya Tiwi was re-declared again as a national monument by NMK.
But the case is still ongoing and the Kwale court is yet to give judgment.
Kaya Mtswakara
Kaya Mtswakara and Gandini were not left out in the grabbing menace according to chairperson Shaban Ndegwa who lamented frequent harassment by locals who have encroached on the land.
He said a few community members have turned some parts of the kaya into farms and interestingly they have plot numbers and await title deeds.
About 10 people neighboring Kaya Mtswakara have encroached it with the national government said to have ironically allocated them allotment letters for the same land.
Out of 345 hectares of the Kaya Mtswakara, Shaban says around 50 hectares have been allegedly given to neighbors by the government.
They include Ndosho Mwero, Mwanyiro Tsuma, Mangale Ndosho,Mutula Juaje and Chiyama Kuri who have been allocated part of the Kaya Mtswakara by the national government officials.
It is unclear how the government that is supposed to protect Kaya forests facilitates the hiving off of Kaya forest land and allocating it to individuals.
“Imagine after the County government of Kwale and NMK helped to put up beacons for the Kaya, the land grabbers have removed them and we cannot do anything,” said Ndegwa.
At Kaya Gandini a village has been created at the center of the forest with the national government doing nothing to evict the alleged witch doctor Bahiri Bora operating right there day and night although National Museum of Kenya officials said that they won a case against the locals occupying part of the Kaya forest over the issue.
Intimidations
Kaya Tiwi elder Hamisi Juma Mwajao said that private developers have support from some top brass and state officers.
He said the private developers normally violate court orders and are protected by security agencies to grab public and people’s land.
Tycoons in partnership with police officers profile locals as criminals while demanding justice for historical land injustices.
“We have been called all sorts of names; Al-Shabaab and outlawed MRC simply because we are against land injustices,” he said.
On his part, former county council leader Mwaguo said he was arrested and detained several times by police for trying to stop land grabbers at Kaya Ukunda.
The former counsellor said the police used to accuse him of inciting people to violence which was not true and always released for lack of evidence.
On his part, NMK official Abdurahman said he has always been summoned by senior police officers and threatened for trying to protect the Kayas.
He said the security agencies often asked him to produce title deeds for the kaya forests and warned him not to interfere with the law.
“I have been summoned many times, and even received death threats for standing between the Kaya forest lands and private developers,” he said.
Omar Boga, a former county council member, and Bongwe-Gombato MCA, said that the government should do something to save the Kaya forests since they are a source of water reservoir for hotels in Diani.
George Mokaya said that the Kayas have also been used as tourist attraction centers noting that grabbing them is a setback to the tourism sector.
What should be done?
National Museum of Kenya official in Kwale Abdulrahman urged the national government to revoke all title deeds and conduct a fresh survey and adjudication on all the kayas.
He said the National Land Commission and Ethics and Anti-Corruption Commission (EACC) should assume their full function and delve into the land-grabbing issues.
The officer said the county government and KFS should also take full responsibility for protecting the kayas since they have a mandate.
Kaya Diani Secretary Salim Mwasabu said the county should go through with the promised supplementary budget to fence the kayas and develop some of them for ecotourism.
He said people are taking advantage of the idleness of the kaya forest lands to steal them.
Some years back, former Kwale Governor and the current Mining Cabinet Secretary Salim Mvurya directed that all Kaya be identified and fenced.
According to Abdulrahman, only 10 kayas were surveyed, however, the survey was meant for demarcation and not to generate title deeds.
Mwasabu said that the government should ensure all Kayas are given land titles to curb further land grabbing and other historical land disputes.
Last year, the Ethics and Anti-corruption Commission sent a strong warning to land grabbers in Kwale County and across the country.
According to the EACC chief executive officer Twalib Mbarak, the land grabbers will be met by the full force of the law.
He said the commission is committed to fighting the vice from all fonts and that it won’t be business as usual.
Mbarak said the perpetrators should consider returning the grabbed public and community land before EACC catches up with them.
“We are giving them a chance of alternative dispute resolution. They should either throw away their fake titles or give back the grabbed community lands or we meet in court,” he said.
Mbarak said EACC has filed many cases in court against land injustices adding that they are assured of winning because of the overwhelming strong evidence presented to the court.
He said the commission has gathered enough resources to fight criminals and ensure all grabbed public lands are salvaged and returned to the community.
Mbaraka said EACC is positive that the criminals acquired land through fraudulent processes and possess illegal documents.
He made the statement after EACC recovered the grabbed scenic Chale and Kisite Mpunguti Islands in Kwale County.
Kwale Governor Fatuma Achani said her administration won’t rest until justice is served and all public lands are returned to the community and county government for development.
She said the county will offer enough support to fight the increasing land grabbing.
Achani said the vice has been a major headache forcing thousands of residents to live like squatters.
She said the county in partnership with EACC is working to recover Kuranze, Diani Beach block 28, and Nyari Estate in Kinango among other areas in Tiwi.
Achani said the National Land Commission messed up by renewing some expired leases unlawfully.
The governor said she trusts the judicial system adding that justice shall prevail.
“This country depends on tourism and it can benefit everyone if we maintain peace and let the law take its course,” she said.
Former Kwale County Commissioner Mwangi Meru said the government was working on identifying the Kaya Forest Lands in the region.
He said they are analyzing how many Kayas and public lands were grabbed before proceeding to court and bringing the perpetrators to book.
Are Kaya forests protected in Kenya?
The protection of the Sacred Mijikenda Kaya forests is ensured through a double set of traditional and legal measures that interact with each other to protect the place and ensure the livelihood of communities and peoples.
On top of the existing traditional regulatory framework of the Mijikenda and the Council of Elders some of two Kaya forests inscribed on the World Heritage List and many of these sacred forests have also been registered as national monuments under the provisions of the National Museums and Heritage Act, which mandates the Kenyan government to support the kaya elders in the protection of the Kayas.
In Kwale County there are at least 38 gazetted Kaya forests and two of them were recognized by UNESCO as World Heritage Sites.
The two Kaya forests are Mtswakara and Gandini, according to the Kwale National Museum of Kenya coordinator Matano Abdulrahman.
The Kaya forests are the territory of the nine Mijikenda tribes; the Giriama, Digo, Duruma, Rabai, Kauma, Ribe, Jibana, Kambe, and Chonyi. They are often found on the southern coast of Kenya.
The forests were established around the 16th century but abandoned in the early 20th century.
They are now regarded as the abode of ancestors and are regarded as sacred sites and, as such, are maintained by a council of elders.
For years, these forests safeguarded the homesteads, called “kaya,” of the Mijikenda people from attacks by invaders and served as sacred ritual places and burial grounds.
The locals used to ask for divine powers to cure sickness or ask for rain and an end to a certain disaster because kayas are believed to be an intrinsic source of ritual power and cultural identity.
For years, unnecessarily cutting trees and other forest vegetation was forbidden unless for a few selected purposes.
Because of the forests’ protected status, they became sources of biodiversity, harboring many rare species of plants and animals.
