Ardhi House in Nairobi.
[Denis Kibuchi, Standard]
The Malindi high court has ordered the Ministry of Lands officials not to reduce any acreage of land which was allocated to 177 squatters at Kidutani in Mtwapa, Kilifi county, during a fresh adjudication they had opposed.
Justice Mwangi Njoroge also ordered the committee to handle the fresh settlement of squatters in the area to go despite opposition from the squatters.
The squatters
led by Rumba Matano Beja went to court in 2022 seeking orders to stop the government from forming a fresh committee to process the settlement of land in the area.
“A strange twist of events, this court has found that though the petitioner rights have been violated or to be under threat, the bulk of the prayers sought cannot be issued,” said justice Njoroge.
The petitioners argued that since the land had already been adjudicated in 1980, there was no need to do the same as they had already been allocated the land
They applied for injunction against fresh adjudication the government wanted but Justice Njoroge in his judgement said he could not stop formation of a fresh land adjudication on plot as this could result in endless land squabble in the area.
The judge however
ordered that during the fresh demarcation required by the government, the land for the squatters in question will remain the same as in 1980 land adjudication.
“The adjudication on this land will apply to the 177 plots including the public utility which were demarcated in 1980 under stalled 1980 settlements process,” said Justice Njoroge.
The judge gave this order after stopping the government from repossessing the plots from the squatters who were allocated the land during the 1980 land adjudication in the area.
During the process of fresh adjudication, the judge ordered that the government should retrieve the minutes of land adjudication of 1980 to assist in ensuring the petitioners were not deprived of their land.
The squatters through their lawyer Richard Ngare complained that despite having been allocated the land in question in 1980 they have been attempts by the government to deprive them of the plots.
Ministry of Lands officials in reply insisted that since the plots in question were in government land, there was nothing wrong in settling those who are qualified, insisting on fair administration to all.
But the squatters said they had a right to the land because they had been expecting to get a title deeds after they had been issued with an allotment letters.
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“After that land adjudication in 1980, we were issued letters of allotment and we expect to be issued with title deeds as a right to property,” said Beja.
The petitioners explained they have been waiting to be issued with title deeds but due quarrels between two provincial administrators over their land the process of official settlement stalled.
They said following attempts by provincial administration to declare their letters of allotment as null and void they had moved to stop the decision because it could have denied them property right.
They claimed that t
he aborted land adjudication in 1980 has resulted in several people attempting to grab the land from them.
“We have evidence that two public meetings have been convened in which they had tried to claim there were other squatters who are supposed to be settled on the land,” claimed squatters,” said Beja.
They said there was evidence that there have been attempts to sell off portions of the land in favour of some people which resulted into violent confrontation with the police to resist such grabbing.
They complained that after the provincial administration had declared their letters of allotment to be null and void they convened several meetings in the area in an attempt to settle more people on the land.
By Willis Oketch