State must act on illegal land invasions to avoid another Waitiki Farm situation

Kenya President Uhuru Kenyatta issues a title deed to a resident of the Waitiki Farm at Shika Ababu grounds, Likoni, in Mombasa County on January 9, 2016. PHOTO | NATION MEDIA GROUP

What you need to know:

  • The Land Act contains enabling provisions, but it helps to revisit the genesis of the Waitiki crisis and the lessons it portends.

  • From records, Waitiki Farm was invaded by groups of speculative settlers in the late 1990s.

  • Besides being a threat to security, land invasions are hazardous to peaceable land holding and business.

Nation cartoonist Igah (Monday, January 11) aptly captured my worries on the recent beneficiaries of Waitiki Farm.

Even before President Uhuru’s return flight landed after issuing titles, some beneficiaries were hastily erecting land sale boards on their parcels, Igah’s cartoon illustrated.

The concern, which could turn out to be legitimate, should inform political leaders and the local land administration officials.

Left free, several of the beneficiaries will enter into agreements with buyers who will quickly settle the Sh182,000 loans against the parcels to open room for quick sales. 

The beneficiaries will then easily spend the sale proceeds. With no money and no land, they will move on and naturally squat on the next available open public or private land.

In big numbers, such speculative invaders will easily manipulate aspiring political candidates for support.

This has happened in other settlement schemes and could happen with Waitiki Farm.

Waitiki may be the choice destination for suave brokers, con men, and deep-pocket real estate speculators for the next one year.

The beneficiaries must, therefore, try to resist the trend while government officials should remain alert.

The Land Act contains enabling provisions, but it helps to revisit the genesis of the Waitiki crisis and the lessons it portends.

SPECULATIVE SETTLERS

From records, Waitiki Farm was invaded by groups of speculative settlers in the late 1990s.

The numbers swelled, making this section of Likoni one of the most heavily settled parts of the South Coast.

Faced by the big numbers, the local police bosses could not enforce any of the eviction court orders the owner obtained.

With time, Waitiki Farm became a flush point for Mombasa politics, with contestants spewing heavy political rhetoric and opportunistic promises whenever elections approached.

Since the invasion was sporadic and the settlements ad hoc, planning standards, including the provision of necessary service infrastructure and levying of land rates, were severely compromised.

If these were to be countered, then the situation made a compelling case for State intervention.

But any such action had to be carefully thought out lest it imply that land invasion pays.

I suspect this could have been the reason the previous two governments hesitated to resolve the matter.

However, continued State dithering provided a perfect environment for continued opportunistic politics and vice.

Demonstrations on account of anticipated evictions continued to undermine peace and security in the area.

The problem had slowly morphed from an ordinary land invasion to one of high-octane negative politics and insecurity. It compelled State intervention.

This has now been done. The previous land owner was paid and the occupiers now have legitimate ownership documents.

It is expected that this part of Likoni will now focus on growth and development.

Moreover, the county government can now hold the respective plot owners accountable, provide them with basic services, and draw much-needed land revenue.

It is a win-win result for all — the State, the previous land owner, the planning authorities, and the residents.

LAND INVASION THREATEN SECURITY

However, the result, analysed against our constitutional and legal framework, poses hard questions.

It sets a regrettable precedent that the government and its enforcement agencies must resist and prevent.

Article 40 of our Constitution provides protection to private property rights while the Land Act, in Section Seven, provides an elaborate statement on how title to land can be acquired in Kenya. Invasion is not on the list.

Besides being a threat to security, land invasions are hazardous to peaceable land holding and business.

The coastal belt and Nairobi, which are critical windows to our global profile, are particularly vulnerable to invasions.

A number of real or attempted invasions have been reported in the past.

It was encouraging that law enforcement officers moved swiftly to deter the recent attempt to invade private land in Kilifi.

This is the way to go. Cases reported in various parts of Nairobi must also be revisited and the invaders flushed out to cultivate confidence in private ownership.

And as they did for Waitiki Farm, the Lands Ministry and the National Land Commission should continue to demonstrate common purpose in this regard.

Mr Mwathane is a surveyor: [email protected].