The National Land Commission (NLC) has started the process of repossessing nine islands in the India Ocean that had been grabbed by private individuals.
The nine are among dozens of islands between Kiunga in Lamu and Shimoni in Kwale that have been grabbed and fenced off.
The islands, some measuring hundreds of acres, are mostly out of bounds for local residents and are heavily barricaded.
Though at one time owned by local residents as communal and ancestral land, they became private property about 40 years ago.
Historians say residents of the islands, mainly, fishermen and traders, were tormented by sea pirates and bandits and sought temporary refuge on the Kwale mainland.
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State officials
While they were away, State officials plotted to alienate the islands and hand them to private individuals, who either converted them into private resorts or palatial homes.
Now, in its dying months, NLC is attempting to right this historical injustice. After years of investigations the commission has cancelled the titles deeds of nine islands after finding that their alienation and allocation were illegal.
On Saturday, NLC ordered private developers on islands in Bodo-Shiraz-Funzi areas in Msambweni sub-county to surrender the title deeds and vacate the islands.
A spot check established that a number of investors had built luxury cottages on the islands.
Making the announcement in Bodo village on Saturday, NLC Chairman Muhammad Swazuri urged the office of the county commissioner and the Kenya Wildlife Service (KWS) to enforce the order.
Prof Swazuri asked the private developers to surrender the title deeds and explain how they acquired the land by February 20, 2019, and vacate the area within 90 days.
He said the repossession of the islands would be published in the Kenya Gazette next Friday and in the dailies.
“The islands were acquired irregularly and hence the beneficiaries are ordered to vacate within 90 days. These areas are now public property and a no-go zone for the private investors,” Swazuri announced.
The islands were allocated in 1979 through the establishment of Shimoni extension scheme that was never gazetted.
The grabbed islands are Makasi, Vuamia, Mlimani, Jongani, Kinazini, Mwamboje, Samaa, Ngoji and Kingamboni.
Residents said the islands were home to the endangered sea turtles.
According to Swazuri, relics of buildings and crops of the original dwellers of the islands were a clear testimony that the islands had been grabbed.
“They (residents) kept on maintaining their shrines and farms but moved out to nearby areas. When adjudication was being done for the entire Shiraz area, the land officers clearly stated that those islands were public lands that could not be adjudicated,” he said.
However, he noted that the same officers demarcated the parcels and sold them off, claiming the islands were part of Shimoni settlement scheme or its extension.
Local people
“The local people protested and the allocations were nullified through the Ndung’u commission, which recommended that the islands be returned to the people,” said Swazuri.
In January 25, 2015, NLC said the allocation of the nine islands was illegal. Before that, in 2014, Swazuri had written to title deed holders, asking them to stop any developments.
Swazuri said all the 25 title deeds created on the nine islands had been recalled.
The cancelled titles are KWL/Shimoni/479, KWL/Shimoni/480, KwL/Shimoni/481, KWL/Shimoni/482, KWL,Shimoni/483,KWL,Shimoni/484, KWL/Shimoni/485/KWL,Shimoni/486, KWL/Shimoni/487, WL/Shimoni/488, KWL/Shimoni/489, KWL/Shimoni/489, KWL,Shimoni/490, KWL/Shimoni/491, KWL/Shimoni/492, KWL/Shimoni/610 and KWL/Shimoni/611.
Others are KWL/Shimoni/612, KWL/Shimoni/613, KWL/Shimoni/615, KWL/Shimoni/616, KWL/Funzi/345, KWL/Funzi/360, KWl/Funzi361 and KWL/Funzi/20247.
The cancellation of the titles followed a ruling by Court of Appeal judges David Maraga (now Chief Justice), Erastus Githinji, and Wanjiru Karanja on February 27, 2014, who declared the allocations illegal.
