By PATRICK BEJA and JOSEPH MASHA
Confusion and claims of foul play and controversy over the name of a settlement scheme have forced national and county officials to halt distribution of 60,000 title deeds to Coastal residents.
President Uhuru launched the issuance of the land ownership documents in six counties at the Coast on September 2, but governors, Lands officials and county commissioners are yet to take the bulk of the documents to the beneficiaries.
Local leaders, Lands officials and county governments are now calling for a fresh audit of the documents that have been riddled with controversy.
Complications
The exercise was further complicated by the fringe involvement of the National Land Commission (NLC) in the analysis of the titles, handling of outstanding complaints and determination of rightful owners.
And now the titles have sparked new crises. In Kwale, for instance, investigations show that about 40 per cent of those issued with the titles had long sold the land.
In Kilifi a scuffle broke out at the local land registry after purported beneficiaries demanded to be issued with the title deeds, but the Provincial Administration insisted there was need for a fresh audit.
There is also a raging debate over titles issued to beneficiaries in disputed settlement schemes. Land experts have warned that the bad precedent could have legal implications.
Government officials in most of the coastal counties are working on modalities to resolve the multiple complaints. The release of the titles has been put on hold in most areas. The 495 titles that were to be issued by President Uhuru in Tana River have been shelved following dispute.
Tana River Governor Hussein Dado says there is no consensus yet over the issuance of the titles for Ngao sub-location. “We have not agreed on the issuance of title deeds for Ngao. We want other areas in the county to also get titles,” said Mr Dado. On September 1, Mr Dado protested to Lands Cabinet Sectretary Charity Ngilu about the Ngao titles.
Put on hold
After receiving the complaint, President Uhuru suspended the issuance of the documents at Hola grounds. In other areas, county and national government officials are still analysing the documents before they are issued to beneficiaries.
In Lamu, eyebrows have been raised over some people collecting as many as five title deeds in some settlement schemes as others get none. Locals are suspecting foulplay and want the matter sorted out before the documents are released.
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Lamu Governor Issa Timamy says he will set up a committee to analyse the list of beneficiaries.
This follows complaints that some people got between three and five titles in settlement schemes while genuine squatters got nothing. “The titles were processed during the old regime and we believe there was no transparency. We are going to visit the affected areas and serve as the voice of the voiceless who have been denied the right to own land,” said Mr Timamy.
The governor was apprehensive that chiefs and DOs could have taken advantage of their positions to irregularly allocate themselves land.
He now plans to commission a countywide audit of land allocation, which would see influential people and speculators lose chunks of irregularly allocated or idle land. “I am putting on notice all those who got land without following the right procedures that the county government will take it back. They can take us to court,” he warned.
Land sold
In Kwale County, leaders have been shocked as 40 per cent of the 13,000 title deeds released for distribution are for land that has already been sold out by squatters.
Kwale County Commissioner Evans Achoki told The Standard on Sunday that leaders would roll out the mass distribution of the titles from next Monday till October 4 despite challenges they were facing. “The issues we have encountered include complaints about people having more than two titles in one settlement scheme. Land for 40 per cent of the titles has already been sold by squatters who used allotment letters to dispose of them,” said Mr Achoki.
Most complaints in Kwale were recorded in Kinondo and Ramisi schemes in Msambweni Constituency where there have been numerous land disputes lately. “We will listen to the people and we hope we will succeed. For how long are we going to keep this title?” posed Mr Achoki.
There was joy and excitement when Uhuru released 1,000 titles at the Kwale Baraza Park on the last day of issuing the titles at the Coast.
In Mombasa, County Commissioner Nelson Marwa assured residents: “We have been harmonising the programme with county government and we are planning to take the titles to the people next week”.
Vetting awaits
Despite the assurance, Mombasa County government executive member in charge of Land Francis Thoya said beneficiaries of the 3,400 titles would have to be vetted to confirm whether they are genuine owners.
“We are going to audit the titles to ascertain genuine squatters before we release the documents to beneficiaries,” Mr Thoya said.
Kilifi Governor Amason Kingi confirmed that the county government had stopped the issuance of titles to squatters at Mavueni B and Gathecha settlement schemes until the list of beneficiaries is vetted. “I’m going through the list of beneficiaries and it is only when we are through with the exercise that we will release the titles to the genuine squatters,” Mr Kingi said.
It is feared that genuine squatters lost out on the allocation of title deeds that went to influential people even from outside the county.
A fresh controversy has also arisen over the naming of one settlement scheme. “We have written to Cabinet Secretary for Land urging her to allow us rename Gathecha settement scheme. We want it named Matandale settlement scheme to reflect a local name,” said Mr Kingi.