State firm Tarda loses ownership of 25,875-hectare land in Tana River

The High Court in Malindi has revoked a 45-year lease by a State Corporation of an irrigation project that runs into thousands of acres in Tana River County.

Justice Oscar Angot of the Malindi Environment and Lands court revoked the lease by the Tana and Athi River Development Authority (Tarda) of 25,875 hectares of Tana Delta Irrigation Project (TDIP) land.

Justice Angot allowed the petition by the Tana River County government, which had sought the revocation of the land in Tana Delta area.

Tarda states on its website that out of that land, 100,000 hectares are reserved for commercial exploitation while the local communities reserve the remainder as outgrowers.

In his ruling, the judge ruled that Tarda and the National Land Commission (NLC) contravened articles 10, 40, and 56 of the Constitution in obtaining the lease for the land on January 1995, which was issued by the defunct Commissioner of Lands.

Whereas article 10 of the Constitution states deals with national values and principles of governance, articles 40 and 56 caters for the protection of right to property and rights of minorities and marginalised groups.

“The grant in respect to land registered as L.R. 152049 being L.R No 28026 and issued to the 1st respondent be and is hereby revoked,” ruled the judge.

INDIGENOUS PEOPLE

The court further barred Tarda permanently from dealing with the land in any manner whatsoever adverse to the rights of the indigenous people of Tana River county.

The ruling means the county government has been vested with the authority to hold the land in trust for the residents.

“Permanent injunction be and is hereby issued restraining the 1st respondent, its servants, employees, agents or contractors from dealing with the suit land in any manner whatsoever,” the judge ruled.

Tarda and NLC, which were listed as the first and second respondents in the suit were ordered to bear the costs of the petition.