The untold story of Nyari sisal estate ,kwale
picture by Caroline katana
Historical land injustices in Kenya have remained a thorn in the flesh ,whenever Kenya goes to a general election after every five years ,historical land injustices have acted as a rallying cry for many politicians who use it to woo voters with the promise of returning the land or settling land concerns if one is elected .
Several regimes that have ruled since independence have not been able to tackle this issue ,as
it is considered to be a very emotive agenda .
Many people lost their lives ,and others are displaced from their respective lands ,various
attempts have been made especially by non-political and non-governmental bodies to resolve
the problem of land injustices to no avail .
Churches have preached peace ,the government has set up commissions like the Truth and
Justice ,Reconciliation Commission TJRC ,and administrative policies and NGOs have provided
for discussion between elders of different communities .
However ,hostility against communities related to people who were thought to have been
exploited remains afloat .
This research article explores the underlying factors that led to land alienation from original
owners and the place of the various regimes in land alienation .it then surveys the government
,the church and the NGOs to attempt to resolve the problem of hostility and demand for the
historical land injustices redress .
Why have the proposed alternatives failed to realize reconciliation among the affected
communities ? can the affected communities draw some lessons from the guest Christology
that comes with Zacchaeus encounters in the book of Luke 19: 1-10?
The Mijikenda ,Pokomo and Taita communities in the coast have suffered the worst land
–related injustices since independence and successive governments did little to solve the
problem according to TJRC .
Land wrangles in Kwale county have left thousands of families homeless and depressed
,endangering peaceful coexistence .
Land corruption cases has made it hard for poor residents to get justice because some of the
agencies supposed to assist them are involved in the land scandals .
Fear of eviction and pain have been part of the lives of thousands families of kazamoyo area
,Kwale county who live as squatters on their ancestral land .
Since 1970s ,the natives have been involved in a never –ending boundary dispute with previous
and present Nyari sisal estate farm
. The Nyari sisal estate farm is said to be over 100 thousands acres where by about 20,000
acres belong to Kazamoyo residents affecting to over 15,000 families .
The residents said they rarely at peace because of the security officers manning the land all
the times ,fearing to be evicted by the present developer who claim to own the land legally .
For them they are yet to celebrate the fruits of independence because they are living like
refugees .
Emmanuel Mwayaya ,40 ,said poverty and land injustices have wreaked havoc in their lives
,making them less productive .
“It’s quite unfortunate that we can not grow anything on the land ,and the worst part all
projects by county government implemented on the land including a dispensary were seized by
the developer alleging to own the entire land ,” Said Mr Mwayaya.
Mr. Mwayaya alleged that the developer is using extra force to grab their ancestral land .
“We have suffered for a long time and been brutally beaten by the GSU officers manning the
sisal farm .About fifteen locals were injured while one lost his life while defending what is
rightfully ours ,” Said Mr.Mwayaya .
Mbeyu Ngala , the agony in her eyes speak volumes of her unhappiness and un healed wound .
“ It is sad to lost a brother due to the land boundary dispute , 23 year old Jacob Nyae Ngala
was brutally murdered by GSU officers a few meters from our home ,a day after Kazamoyo
locals demonstrated demanding their piece of land ,”Lamented ms.ngala .
Karisa Katana from Mwangani village claimed he was brutally beaten by the GSU officers
protecting the private developer as he was trying to access the public roads in the sisal farm .
“I was left with a hand dislocation ,this issue of land injustices has been a major headache
,what saved me on that day is my name because their main target are Duruma clan from
Kazamoyo ,according to the officers ,the tycoon does not want locals to use the public roads
on the land ,”Said Mr.Katana .
Mazera Mwakalela said he has been a regular visitor of Taru police station over the dispute .
“ I was beaten up by the GSU officers and left with several scars ,then arraign in Taru police
station with false allegation of attempting to burn the officers vehicle ,” Claimed Mr .Mwakale.
Jafer Mjape said they inherit the burden from their parents and many years down the line the
struggle continues hopelessly .
“ I’m not so sure if historical land injustice will be resolved because the battle is for the locals
alone ,no leader is ready to stand with us ,we are still in darkness and this may lead to eviction,”
Said Mr.Mjape .
Kazamoyo village elder Ruwa Kadungo Nyanje called upon the government to end historical
land injustices .
The communities living in disputed land areas live in pathetic condition ,said Gladys Bongo .
“We cannot settle down and develop this area ,the efforts by county government to
implement some humanitarian projects failed , all projects including that of a dispensary was
seized by the developer claiming county government to have encroached his land ,so we are
forced to walk for over 10 kilometers searching for health services ,”She said .
Her centiments were echoed by Jumwa Chengo saying their rights are being violated by the
developer .
Kazamoyo locals are now calling upon the national land commission ,Independence Electoral
Boundaries Commission to revoke the tittle deed of the present private developer until the
wrangles surrounding the land is resolved ,claiming the land to be illegally acquired .
“We want the authorities to stop every transactions on the Nyari sisal estate owner until the
wrangles are resolved ,”
County Seized projects in kazamoyo
According to the report from locals , Community dispensary ,Multi purpose Dam ,Agricultural
projects,Nursery school and roads were blocked
Since independence ,Kenya has faced myriad challenges around commoditization and resultant
land fragmentation ,parcellation ,inequality, marginalization and discrimination ,communal
land conflicts arising from boundary disputes and threats to economic activities ,among others.
Article 67 of the Kenyan constitution : (1) there is established the national land commission to
monitor and have oversight responsibilities over land use planning throughout the country .The
national land commission may perform any other functions prescribed by national legislation .
Unanswered questions
How can a private developer own thousands acres of land and practice multi millions project
without a consent from authorities ?
Who authorized GSU officers to guard the land ?
Why is the county government silence the seized projects ?
Why killings ?
Where is the mother tittle of the land ?
According to a religious leader Sheikh Hamisi Mwachirumu said that historical land injustices is
extreme due to poor policies and lack of transparency in land registry .
Kwale county kaya elders secretary Salim Mwasabu said the genesis of the historical land
injustices in coast region is due to lack of knowledge of acquiring land whereby the past
regimes found a loophole of grabbing community land .
Kwale county assembly Land and natural resources committee vice chairman James Dawa said
it’s not clear how the nyari sisal estate owner ,got the thousands acres legally ,calling for more
investigation .
“ The nyari sisal estate developer might have acquired the land legally because he have won
the case severally but as the committee we want to know the procedure he used to acquire
the land ,my worry is he might have gotten the land through ghost people ,so we want to know
the genesis of his legality ,” Said mr.Dawa .
Mr.Dawa called upon the county government to intervene and bring out to the public the
truth .
“ I believe locals settled in kazamoyo before independence ,so its upon the developer to come
up proper settlement scheme for the locals who inherit the land from their ancestors so as to
live without intimidation and displacement ,” Added mr.Dawa.
Kwale police commander Stephen Ng’etich confirmed the conflict between the private
developer and kazamoyo locals to have undermined peace at the area ,calling for proper
resolution measures.
Nyari sisal estate administration defended the private developer mr.Hamza Yusuf saying he
acquired the land legally from a bank ,after the former developer defaulted shillings 41
millions , refuting claims that they grabbed local land .
“ We have had the complains that we grabbed community land ,but how possible is it for us to
implement a multi -million project like this one without consent from the national and the
county government , how possible ,we are paying county levy each year so it’s not true that we
are land grabbers ,”
In addition the administration called upon the county leadership to be transparent about the
issue instead of living locals in dilemma , confirming to have seized county government
projects for encroaching their land .
“ The county government has to get consent from us if they want to implement any project on
this land because we legally own it and they know it ,that’s why we have been winning this case
at the Mombasa court severally ,”
According to my investigation the private investor owns two companies Agro Fibre Company
Limited and Agro Processors International K.Limited . reports from Kwale county finance
department indicate that the developer mr.Hamza Yusuf pays Kshs 90,900 each year to
Kwale county government for Agro Fiber Company Limited ,he has been paying same amount
to Agro Processosers International K.limited for the previous years except 2024 claiming to
have closed operations for this entity .
Kwale county governor Fatuma Achani said the matter is in court waiting for hearing and
judgement .
During my visit on the sisal farm ,the in charge of the trip showed me a herd of cattle
belonging to one the top county leaders grazing on the sisal farm ,something that left me
with more questions than answers .
During my interview with locals they did mention that their former member of county
assembly who is the sitting deputy governor HE Chirema Kombo is a friend to the developer
since he has been funding the politician campaigns and events for a long time .
On his side the deputy governor HE Chirema Kombo refuted the claims saying .
“Nina shamba kaza moyo .Ng’ombe zangu ziko kwa shamba yangu .mimi pia nimuathiriwa am
loosing land kwa huyo mwarabu .How do I side with him .Wale jamii ya kule wanakulana
wenyewe kwa wenyewe .Wengine wanaunga mkono mwarabu wengine wanakataa .Halafu one
Mwayaya in his campaign ali capitalize hiyo issue coz he wanted to be Member of county
assembly MCA .Mimi hawakunipa kura 2017 na juzi pia,”
About the seizing of county government projects at Kaza moyo ,this was his response
“Kuna kesi kotini plus the issue was forwarded to NLC as a historica injustice ,”
Human rights youth agenda director Yusuf Lule called upon the county government,NLC and
the land registry to come up with amicable measures of resolving historical land injustices in
Kwale county .
“ As an human rights organization we are going to write an open letter to the county governor
,we will also write an open letter to the county commissioner to know that we have taken
steps to try and address these issues because this is a valid claim and we can see negative
attitude from the government officials ,” Said mr.Lule .
The environment and land court was created by the constitution ,It is a superior court of record
exercising exclusive jurisdiction to determine disputes related to the environment ,the use and
occupation of ,and tittle to land (art 162(b).
Environment and land court Kwale county lady Justice Addraya Dena affirmed the existence
of many cases of land disputes in Kwale county .
Lady Justice Dena urged communities to seek justice for land disputes in court instead of
taking action in their hands .
“ We have started an exercise of sensitizing communities over land conflict , we have people
who offer services to those who does not understand court procedures especially on land
conflict ,we also attach victims with lawyers for assistance ,” Said lady Justice Dena .
The ministry of land in Kwale county has asked residents who have doubts about land
ownership to visit the office for guidance .
According to history Nyari sisal estate was initially owned by mr.Doros ,later mr. Doros became
a defaulter of shillings 41 millions with a bank ,and the land was auctioned but how the present
developer acquired the parcel of land is still a riddle because no one has seen the mother tittle
of the land .
story by Caroline Katana kwale.
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