BY FAITH MWENDE
The Malindi High Court has ruled that the Ministry of Lands must uphold the original land allocations given to 177 squatters in Kidutani, Mtwapa, Kilifi County, despite plans to initiate a new land adjudication exercise.
Justice Mwangi Njoroge directed that land measurements determined during the 1980 adjudication must remain intact for the affected squatters. While the court allowed the government’s fresh settlement process to proceed, it emphasized that the squatters’ original land rights must not be infringed.
“In a surprising twist, the court found that although the petitioners’ rights have been violated or are under threat, most of the reliefs sought could not be granted,” Justice Njoroge stated.
The ruling followed a petition filed in 2022 by the squatters, led by Rumba Matano Beja, challenging the government’s move to form a new land adjudication committee. They argued that the land had already been properly demarcated and allocated over 40 years ago, and feared that the fresh process would strip them of land they rightfully occupied, for which they had received allotment letters after the 1980 settlement.
“Our expectation, based on the 1980 adjudication and allotment letters, is to finally receive title deeds,” said Beja.
Although the court did not halt the new adjudication process altogether, Justice Njoroge ruled that the 177 plots, along with public utility spaces marked in 1980, must be preserved. He further instructed the Ministry of Lands to rely on the original 1980 adjudication minutes to guide the ongoing process and ensure fairness.
The judge also barred the government from repossessing land already allocated to the squatters.
Lawyer Richard Ngare, representing the squatters, told the court that despite their historical allotments, officials had attempted to reallocate the land, often influenced by provincial administrators who sought to nullify the allotment letters. These actions, Ngare said, had triggered meetings aimed at reallocating the land to new claimants, causing unrest among the original settlers.
Beja added that there had been attempts to sell off portions of their land, sparking protests against land-grabbing efforts.
Although the government can proceed with its new land adjudication efforts, Justice Njoroge’s ruling makes it clear that the rights of those allocated plots in 1980 must be fully protected.
