Inquiry shows how private firms reap from State impunity

The inquiry into grabbing of sea land at Kibarani in Mombasa has revealed loopholes in government institutions that has left public lands at the mercy of private developers.

The National Land Commission (NLC) sitting that ended Friday disclosed how 30 companies got approvals from the commission itself, the National Environment Management Authority (Nema) and the defunct Mombasa municipal council to own sea land, something that has interfered with economic activities such as fishing.

The Kenya Ports Authority (KPA) - which holds leases of a number of parcels of land near the sea - pointed out that officials from the Ministry of Land were also behind the "illegal" issuance of tittle deeds to the developers.

DREDGING

Consequently, KPA has incurred Sh7 billion on dredging to reclaim sea land. Dredging is done twice a year.

The ports agency was represented by its surveyor Hussein Mamo.

"I know in your documents there are letters showing that you got some approvals from NLC, but we want to find out how.

"This cannot be possible that people are holding title deeds of ocean land," NLC acting chairperson Abigael Mbagaya said when Makupa Transit Shade Limited appeared before it to explain how it acquired nine acres of sea land.

NEMA

Makupa Limited revealed that it had already reclaimed six and a half acres of the ocean at Kibarani dump site, which is a prime land.

About six companies that appeared before the commission said they acquired title deeds from the defunct municipal council and got construction approvals from Nema.

Ms Mbagaya said Nema officials will be summoned over the matter.

Mombasa Governor Hassan Joho attended the Friday sitting where he admitted that there were past mistakes which must be corrected.

SURRENDER LAND

Governor Joho said efforts to reclaim public land will not be faltered by private entities.

"If you have anything on a wet land you should just surrender the title deed. We have made mistakes in the past and if we do not address them today we will have a much bigger problem to deal with in future," he observed.

Mr Joho said he fully supports President Uhuru Kenyatta's campaign to reclaim grabbed public land.

"Given that the President is behind this, I am fully behind him and I will not seat back and watch the Island being deregistered as an Island."

TITLE DEEDS

On Thursday, General Tyres bulked under the pressure by surrendering to the NLC the title deed to 1.2 acres of land at Kibarani dump site.

The Nation also learnt from reliable sources that other developers who had sent their lawyers before the NLC inquiry team were planning to return the documents.

"We know that there is already a decision made by the government on revocation of our documents. Let’s wait and see but we know what the decision of the commission would be at the end of this inquiry," one of the developers said.

The KPA also expressed shocked that Gapco Kenya, which is now under Total Kenya, had a title deed but could not explain how it got it.

Another company, Multiple ICD Limited, admitted to holding title deeds of six parcels of land.

Multiple ICD Limited lawyer John Diro confirmed.

LAND ALLOCATION

President Kenyatta had directed the land agency to revoke allocation of Kibarani dump site land to private developers and have it converted into a recreational facility.

The United Nations had warned that Mombasa is threatened by wanton grabbing of Indian Ocean by private developers.

The commission will make its decision in two weeks on whether to revoke all the title deeds and give the parcels of land to the county government.

Some of the companies under investigations are: Ancient Inland Seas, M-Tech Building Works Ltd, Talib Bulk Oil Terminal, Roosevelt Limited, Mitchell Cotts Kenya Limited, Kenya Railways (KR) Corporation, Kenya Meat Commission, among others.