By Caroline Katana
Historical land injustices in Kenya have remained a thorn in the flesh of many. Whenever Kenya goes to a general election every five years, historical land injustices have acted as a rallying cry for many politicians who use it to woo voters with the promise of returning the land or settling land concerns if one is elected.
Several regimes that have ruled since independence have not been able to tackle this issue, as it is considered to be an emotive agenda.
Many people have lost their lives, and others displaced from their respective lands, various attempts have been made especially by non-political and non-governmental bodies to resolve the problem of land injustices to no avail.
Churches have preached peace, the government has set up commissions like the Truth and Justice, Reconciliation Commission (TJRC), and administrative policies and NGOs have provided for discussion between elders of different communities.
However, hostility against communities related to people who were thought to have been exploited remains afloat.
This article explores the underlying factors that led to land alienation from original owners and the place of the various regimes in land alienation. It then surveys the government, the church, and the NGOs to attempt to resolve the problem of hostility and demand for the historical land injustices redress.
Have the proposed alternatives failed to realize reconciliation among the affected communities? Can the affected communities draw some lessons from the guest Christology that comes with Zacchaeus encounters in the book of Luke 19: 1-10?
The Mijikenda, Pokomo, and Taita communities on the coast have suffered the worst land–related injustices since independence and successive governments did little to solve the problem according to TJRC.
Land wrangles in Kwale County have left thousands of families homeless and depressed, endangering peaceful coexistence.
Land corruption cases have made it hard for poor residents to get justice because some of the agencies supposed to assist them are involved in the land scandals.
Fear of eviction and pain have been part of the lives of thousands of families in Kazamoyo area, Kwale County who live as squatters on their ancestral land.
Since the 1970s, the natives have been involved in a never–ending boundary dispute with the previous and present Nyari sisal estate farm.
The Nyari sisal estate farm is said to be over 100,000 acres and about 20,000 acres are believed to belong to Kazamoyo residents affecting over 15,000 families.
The residents said they are rarely at peace because of the security officers manning the land all the time, fearing being evicted by the present developer who claims to own the land legally.
For them, they are yet to celebrate the fruits of independence because they are living like refugees.
Emmanuel Mwayaya, 40, said poverty and land injustices have wreaked havoc in their lives, making them less productive.
Mwayaya alleged that the developer was using extra force to grab their ancestral land.
“We have suffered for a long time and been brutally beaten by the GSU officers manning the sisal farm. About fifteen locals were injured while one lost his life while defending what is rightfully ours,” Mwayaya added.
The agony in the eyes of Mbeyu Ngala speaks volumes of her unhappiness and unhealed wound.
“It is sad to lose a brother due to the land boundary dispute, 23-year-old Jacob Nyae Ngala was brutally murdered by GSU officers a few meters from our home, a day after Kazamoyo locals demonstrated demanding their piece of land,” lamented Mbeyu.
Karisa Katana from Mwangani claimed he was brutally beaten by the GSU officers protecting the private developer as he was trying to access the public roads in the sisal farm.
Mazera Mwakalela said he has been a regular visitor of Taru police station over the dispute.
“I was beaten up by the GSU officers and left with several scars, then placed in Taru police station with a false allegation of attempting to burn the officers’ vehicle,” he claimed.
Jafer Mjape said they inherited the burden from their parents and many years down the line the struggle continues hopelessly.
“I am not so sure if historical land injustice will be resolved because the battle is for the locals alone, no leader is ready to stand with us, we are still in darkness and this may lead to eviction,” said Mjape.
Kazamoyo village elder Ruwa Kadungo Nyanje called upon the government to end historical land injustices.
The communities living in disputed land areas live in pathetic conditions, said Gladys Bongo.
Her sentiments were echoed by Jumwa Chengo saying their rights are being violated by the developer.
Kazamoyo locals are now calling upon the national land commission, Independence Electoral Boundaries Commission to revoke the title deed of the present private developer until the wrangles surrounding the land are resolved, claiming the land to be illegally acquired.
“We want the authorities to stop every transaction on the Nyari sisal estate owner until the wrangles are resolved,”
County Seized projects in Kazamoyo
According to the locals, a community dispensary, Multi-purpose Dam, Agricultural projects, nursery school, and public roads were blocked.
Since independence, Kenya has faced myriad challenges around commoditization and resultant land fragmentation, inequality, marginalization and discrimination, communal land conflicts arising from boundary disputes, and threats to economic activities, among others.
According to Article 67 of the Kenyan constitution. The National Land Commission monitors and has oversight responsibilities over land use planning throughout the country. The National Land Commission may perform any other functions prescribed by national legislation.
Unanswered questions
How can a private developer own thousands of acres of land and practice multi millions of projects without consent from authorities?
Who authorized GSU officers to guard the land?
Why is the county government silent over the seized public projects?
Why harassment and killings?
Where is the mother title of the land?
According to a religious leader Sheikh Hamisi Mwachirumu. Historical land injustices are extreme due to poor policies and lack of transparency in the land registry.
Kwale County Kaya Elders secretary Salim Mwasabu said the genesis of the historical land injustices in the coast region is due to a lack of knowledge of acquiring land whereby the past regimes found a loophole of grabbing community land.
Kwale County Assembly Land and Natural Resources Committee Vice Chairman James Dawa said it’s not clear how the Nyari Sisal estate owner got the thousands of acres legally, calling for more investigation.
Dawa called upon the county government to intervene and bring out the truth to the public.
“I believe locals settled in Kazamoyo before independence, so it’s upon the developer to come up with a proper settlement scheme for the locals who inherit the land from their ancestors to live without intimidation and displacement,” added Dawa.
Kwale police commander Stephen Ng’etich confirmed the conflict between the private developer and Kazamoyo residents to have undermined peace in the area, calling for proper resolution measures.
Nyari Sisal estate administration defended the private developer Hamza Yusuf saying he acquired the land legally from a bank, after the former developer defaulted on a loan of Kshs 41 million, refuting claims that they grabbed local land.
In addition, the administration called upon the county leadership to be transparent about the issue instead of leaving locals in dilemma, confirming to have seized county government projects for encroaching on their land.
“The county government has to get consent from us if they want to implement any project on this land because we legally own it and they know it, that is why we have been winning this case at the Mombasa court severally,” the statement added.
Documents from the registrar of companies show that the private investor owns two companies Agro Fibre Company Limited and Agro Processors International K. Limited.
Details from the Kwale County finance department indicate that the developer, Mr. Hamza Yusuf, pays Kshs 90,900 each year to the Kwale County government for Agro Fiber Company Limited, he has also been paying the same amount for Agro Processors International K. Limited for the previous years except 2024 claiming to have closed operations for this entity.
Kwale County governor Fatuma Achani said the matter is in court waiting for a hearing and judgment.
During our visit to the sisal farm, we were shown a herd of cattle believed to belong to one of the top county leaders grazing on the sisal farm, something that left us with more questions than answers.
As we interviewed the residents they mentioned that their former member of the county assembly who is the sitting deputy governor Chirema Kombo is a friend to the developer since he has been funding his political campaigns and events for a long time.
However, the deputy governor refuted the claims saying he is also a victim of the land dispute.
The deputy governor added “Mwayaya was vying for the position of MCA in 2017 and he capitalized on the issue during his campaigns. Kazamoyo residents never voted for me in 2017 and in the recent elections in 2022”
About the seizing of county government projects at Kazamoyo, the deputy governor said there is a case in court regarding the same and the matter has also been forwarded to the National Land Land Commission as a historical injustice.
Human rights youth agenda director Yusuf Lule called upon the county government, NLC, and the land registry to come up with amicable measures for resolving historical land injustices in Kwale County.
“As a human rights organization we are going to write an open letter to the county governor, we will also write an open letter to the county commissioner to know that we have taken steps to try and address these issues because this is a valid claim and we can see negative attitude from the government officials,” said Lule.
The environment and land court was created by the constitution, It is a superior court of record exercising exclusive jurisdiction to determine disputes related to the environment, the use and occupation of land, and title to land (art 162(b).
Kwale County Environment and Land Court judge Lady Justice Addraya Dena affirmed the existence of many cases of land disputes in Kwale County.
Dena urged communities to seek justice for land disputes in court instead of taking action in their hands.
The department of land in Kwale County has asked residents who have doubts about land ownership to visit the office for guidance.
