• Justice Oscar Angote On July 19, 2018, ruled that the land belongs to the descendants of Mumba Chome Ngala.
• The devolved unity says it is acting in public interest as hundreds of villagers face eviction
Image: FILE
The County Government of Kilifi has been accused of frustrating an 89-year-old estate administrator by appealing against a court ruling over the ownership of a 7,100-acre property.
The Environment and Land Court in Malindi had on July 19, 2018, ruled that the land belongs to the late Mumba Chome Ngala and his descendants. The estate administrator is Tangwa Ngala Chome.
The land dispute dated over four decades.
On May 7, 2012, an ownership consent was entered between the clan of Mumba Chome Ngala, the defunct Kilifi county council over the Mariakani Mitangoni/Kitsimani property measuring 2,861 hectares.
The other party to the consent was the Kenya Electricity Transmission Company Limited (Ketraco), which was to get 200 acres. Those to be displaced were to be paid Sh26 million compensation.
Now, in what is baffling some of the parties, the devolved unit wants the 2018 Justice Oscar Angote ruling overturned in the public interest.
It says villagers in Mwabeja, Mwamundu and Mwakai faced eviction as the National Land Commission is yet to resettle them. The county says they have title deeds.
There are also five public primary schools, two public secondary schools and a public health centre.
Chome, through lawyer Francis Kadima, says the title deeds held by about 30 families were fraudulently procured through a non-existent entity – the County Council of Mariakani.
“The appeal lacks merit as all title deeds it has sought to introduce were issued by a non-existent entity making the same null and void,” he says in an affidavit at the Court of Appeal dated August 26, 2019.
“Despite judgment being rendered and parties being catered for by subsequent consents, which the appellant was party to, it has filed this appeal to frustrate the applicant,” Kadima says.
The county government says it had documents indicating other residents were owners of the land.
In a letter to Madzayo Mrima and Company Advocates, on May 3rd 2012, The then Mariakani town clerk, Isaac Kagia, noted, “From the history of this matter and the parliamentary proceedings of 1987, the district magistrate court case of 1977, the Ministry of Lands letter dated August 7, 2008, a letter dated February 28, 2011, by Dr Chibule wa Tsuma, who brought the parliament question and confirms assurance from the Attorney General, that the land belongs to Mumba Chome.”
The parties in the suit filed last week are the county government, Chome, Ketraco, Mwabeja, Mwamundu, and Mwakai clans, Katembe Nzembe Lewa and 13 others, the AG and NLC.
Chome says in a memorandum of appeal that the NLC had sought confirmation of the status of the county council of Mariakani on January 25, 2018.
The county responded that it recognised the Mariakani Town Council but not Mariakani County Council.
“All title deeds which are subject of this appeal were initiated by the process of setting apart and approved by non-existent entities,” he argues.