NLC summons state officials in Kibarani land probe

Multiple ICD Limited building at Kibarani Dumpsite in Mombasa County. The NLC on September 17, 2018, summoned government officials over Kibarani land grabbing. PHOTO | WACHIRA MWANGI | NATION MEDIA GROUP

What you need to know:

  • The summoning of the officials is part of efforts by the commission to revoke the land titles as directed by President Uhuru Kenyatta.

  • In July, President Kenyatta ordered NLC to revoke Kibarani dumpsite’s land allocation to private developers and have it turned into a recreational facility as requested by the Mombasa county government.

  • The NLC official said the report on the inquiry will be handed over to the President by the end of the month.

Investigations into the grabbing of sea land at Kibarani in Mombasa are now focusing on government officials.

The National Lands Commission (NLC) on Monday summoned top government officials to explain why they issued licences allowing wanton reclamation of sea.

ANSWER QUESTIONS

The officials from National Environment Management Authority (Nema), Kenya Forest Services (KFS) and Kenya Ports Authority (KPA) appeared before the commission in Nairobi.

NLC acting chairperson Abigael Mbagaya noted that the officials also include some directors.

“All those officers are to appear before us today and answer questions in regards to the grabbing of the ocean. We have established that the officers gave licences for the construction of buildings on the sea land hence grabbing,” Ms Mbagaya told the Nation.

The summoning of the officials is part of efforts by the commission to revoke the land titles as directed by President Uhuru Kenyatta.

In July, President Kenyatta ordered NLC to revoke Kibarani dumpsite’s land allocation to private developers and have it turned into a recreational facility as requested by the Mombasa county government.

QUESTIONED

The NLC official said the report on the inquiry will be handed over to the President by the end of the month.

“Our inquiry was not about coming and getting stories from those involved in the grabbing. We are going to the core of this matter,” said she said.

The commission has grilled at least 30 private developers who own land at the dumpsite.

During the investigation, NLC learnt that Nema, KFS and KPA gave a go ahead for the acquisition of the land lying in the ocean.

Nema is on the spot for allowing construction of buildings on the site.

KPA said that it had leased some of the land but was “shocked” to learn that the tenants had grabbed the ocean. However, the authority could not explain if it was not aware of the construction despite saying that the ocean was grabbed.

DEMOLITION

KPA which holds leases for a number of plots near the sea pointed out that officials from the Ministry of Land were also behind the "illegal" issuance of tittle deeds to the developers.

The grabbing of the land has further affected port operations, according to KPA senior surveyor Hussein Mamo.

The loopholes in the government institutions have been said to be the reasons why public land ends up in the hands of private developers.

Ms Mbagaya assured the public that the land will be restored.

“Public utility should remain for public use and we will soon have that land back,” she said.

Asked whether NLC will order demolition of the buildings at Kibarani, Ms Mbagaya said “we are going to do our work and let others who are supposed to do that do theirs as well.”

The Mombasa county government is from next week set to start demolishing buildings on public land.

AMNESTY

Last month, Governor Hassan Joho gave a 21-day-amnesty to all building owners in the county to ensure they regularise their activities with the relevant departments by submitting the necessary documents.

He said after the lapse of the notice, all non-compliant buildings, construction sites and physical structures will be declared condemned and will be demolished without further reference to the owners.

The governor said the move was aimed at ensuring order and allow reclamation of public land, riparian land and wetlands.