Boy shot during forceful squatter evictions in Kisauni

Residents of Majaoni village in Utange barricade the Karisa Maitha road calling for the arrest of a policeman who shot a young boy during a squatter eviction exercise. [PHOTO BY GIDEON MAUNDU/STANDARD]

Mombasa, Kenya - A class seven pupil is admitted at the Coast General Hospital with injuries on his leg after he was hit by a stray bullet following forceful eviction of  squatters at Utange, Kisauni.

 

Master Ronald Baya, a pupil at Joloraba Academy in Bamburi, had just alighted from a motorcycle when he got caught up in the crossfire.

According to medical reports, a bullet went through his left leg causing him to suffer a fracture of the tibia.

Baya told The Standard, “the man who shot me was wearing civilian clothes” adding that he was coming from his uncle’s house when he unknowingly walked into the violence.

Residents who witnessed the incident have confirmed Baya’s allegations insisting that it was an undercover policeman who shot the boy but the authorities have disputed these claims.

EXCESSIVE FORCE

Nominated senator Emma Mbura and Nyali legislator Hezron Awiti Bollo demanded that action be taken against the officer said to have shot the boy.

“Why did police have to use excessive force on squatters demanding their rights? asked Awiti who was accompanied by Kadzandani MCA Mohamed Chiro Ndanda.

Mombasa Deputy County Commissioner, Julius Kavita, however, denied knowledge of the shooting saying police only moved to the scene to remove barriers put on the road by residents.

“We were called and informed that there were people who had barricaded the Utange road, but we have not heard any report of shootings,” Kavita said.

The reality on the ground is however, very different after several houses were demolished and scores injured during the violent eviction.

Residents say a hired gang, who had police escort, were behind the mayhem that begun on Saturday night and ended on Sunday morning leaving many people to sleep out in the rain.

Angry residents told the Press that there is a court injunction stopping their eviction from the land whose 99 year lease they claim expired in 2005.

These allegations could however, not be independently confirmed.

The squatters have been embroiled in a court battle with businessman Saleh Said Sharma over the 73-acre piece of land.

Local legislators told the squatters to stop paying rent to absentee landlords and encouraged protesters to barricade roads, burn tyres and rubbish.

Egged on by their leaders, the clash went into its second day with squatters temporarily barricading a section of Old Malindi road, lighting fires to protest police use of force in evicting the over 2,500 squatters who live on the disputed land

Speaking to the Press, the squatter’s spokesman - John Nahodha, insisted the land’s lease expired 10 years ago and had therefore reverted to Government land.

“There is an ongoing court case after we lodged complaints over claims made by Mr Sharma. We had made a search at the Lands office and discovered that the land’s lease, which is Government owned, expired in 2005,” he said.

DEMOLITION SQUAD

Court documents seen by The Standard, indicate that the court has given orders barring the squatters eviction from the land.

“The respondent himself, his servants or his agents are restrained by a temporary injunction from evicting, demolishing harassing and or interfering with the occupation of plot NO 398/I/MN in Utange,” read the March 24, 2015 ruling of Mombasa Senior Resident Magistrate Geoffrey Kimanga.

Utange One Settlement Scheme Vice Chairperson Doreen Atieno said the squatters are being targeted for victimisation by powerful individuals with connections to the Government.

“We detest the move taken by both police and the demolition squad to bring down structures we call homes. Some people have now been rendered homeless and yet it is the rainy season,” she said.

A couple, Mr Kahindi Kaingu and his wife Mary Chirondo spent Saturday night out in the cold following the demolition.

“We were unable to find accommodation last night after our single roomed house was demolished,” Kaingu told The Standard adding that his ailing wife did not attend clinic for fear that their home would be demolished.

The eviction exercise was conducted just 48 hours after the County Commissioner, Nelson Marwa, released a list of 15 individuals who he claimed are spearheading land invasion in the county.

Highlighted in the list include six individuals from the disputed Utange area and TNA, National Organising secretary, Patrick Birya who has since denied being involved in any such crime.