- They claim the property is their ancestral land, which they claim to have lived on since 1938.
- The petitioners said they are now at a risk of being evicted if the court orders are carried out.
Image: SOLOMON MUINGI
Residents in Msambweni estate in Voi, Taita Taveta county have petitioned the county assembly to stop an impending eviction of over 3,500 people by a private company.
The resident, in a petition presented to the assembly on Tuesday, expressed fear of forceful eviction from a 54.26 hectares parcel of land by Sparkle Properties Limited.
They claim the property is their ancestral land, which they claim to have lived on since 1938.
Msambweni elders in the petition tabled by deputy speaker Anselim Mwadime, had in 1978, accepted a request from Bata Shoe Company to construct a shoe factory to open up the area and create job opportunities to the locals.
“In 1979 Bata Shoe Company secured 99-year lease from the Ministry of Lands on terms that the land and the building will be only used for a shoe factory, accommodating a caretaker and should not to be sub divided, sold, transfered or sublet,” the petition reads in part.
However, they said, for 17 years, Bata failed to build a factory but went ahead and sold the land to Sparkle at a tune of Sh12 million contrary to the agreement a move that was resisted by residents.
Consequently, Sparkle filed a suit in the Environment and Land Court in Mombasa seeking to evict more than 500 households at the plot L.R. NO. 1956/506 to pave way for development.
In the case, Sparkle asserted that Msambweni residents illegally and maliciously claimed to be entitled to the property and put-up houses and structures without its consent and mobilised residents against them.
It asserted further that as a result of the resident’s actions and unwarranted trespass, it had suffered loss and damage as it could not develop the property on account of having been denied access.
“The case was ruled in favour of the company and the court ordered residents to pull down their houses and leave the land vacant, pay trespass damages of Sh1,050,000 and cost of the suit,” the petitioners said.
On October 21, 2022, the residents lost an appeal to claim back the land, with the Court of Appeal in Mombasa upholding the earlier decision of the Environment and Land court.
“All in all, we have no basis for interfering with the judgment of the learned judge. The appeal fails and is hereby dismissed with costs to the respondents,” a ruling delivered by Court of Appeal judges Gatembu Kairu, P Nyamweya and J Lesiit reads.
The petitioners said they are now at a risk of being evicted if the court orders are carried out.
The eviction, they said will leave thousands of resident homeless despite having lived there for decades.
They have petitioned the county assembly to swiftly engage the National Lands Commission and the Ministry of Lands to address the matter.
In regaining the ownership of the land, the petitioners are proposing that Ministry of Lands acquires the disputed land through compulsory acquisition to settle residents.