Mombasa; Kenya: Lawyers have described the controversial Mazrui Land Trust Act of 1914 unconstitutional because it was created by a Parliament that favored a section of the society.

“It was done in total disregard of the people who were already inhabiting the land. This has brought conflict between the Mazruis and the Miji Kenda” said Stephen Odiaga.

Mr Odiaga said it is necessary for the Government to come up with a provision to address the controversial Act and strike a balance between the Miji Kenda and Mazrui family.

The lawyer said the Government should initiate talks with squatters and the Mazrui family over the 10,000 hectares of land at Takaungu which has been a burning issue in Kilifi County.

The Government should initiate talks between the two parties in a honest manner. They both have a right over the land despite a recent court order which reinstated the land to Mazrui after it was repossessed by the Government in 1989.

Odiaga said since Kenya has a new Constitution, there was no need of such Acts to remain in the statute books because all Kenyans have equal rights over land regardless of where he or she belongs.

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“As much as we respect the rights of the individual owners of the land, the rights of squatters has to also be respected,” he said.

The lawyer said that under current circumstances, the Act has “no feet to stand on” as it was enacted when most of the communities living on the land were ignorant or in servitude and were not consulted.

Mohamed Mwinyi, another lawyer, said although the Act might have made sense when it was enacted, time had lapsed and everybody should be treated equally.

Mr Mwinyi said the Mazrui’s rights to the land must be protected as the squatters issue is addressed because the law safeguards private ownership.