Part of the 53,000-acre Mgeno Ranch / BRIAN OTIENO
Part of the 53,000-acre Mgeno Ranch / BRIAN OTIENOA court in Voi has ordered a fresh survey of a piece of land disputed between two communities in Taita Taveta county, setting aside a survey that had been conducted earlier.
Judge E.K Wabwoto, sitting at the Environment and Land Court in Voi, declared that the December 4, 2025 survey report failed to establish a boundary between the Sagalla and the Dawida ethnic community land within the Mgeno community land as had been instructed by a court order on September 24, 2025.
The Sagalla are an indigenous bantu-speaking community residing in the rugged, rocky hills of Taita Taveta county near Tsavo East National Park.
They are one of the three sub-tribes of the larger Taita community (others are the Taveta and the Taita) and share deep ancestral ties with the broader Taita people but speak their own dialect, Kisagalla.
The Dawida, also known as Wadawida or Taita, are also a bantu-speaking community native to the Taita Hills in Taita Taveta county.
Mgeno community refers to the residents and stakeholders of the Mgeno area in Mwatate, in Taita Taveta county.
They are deeply intertwined and manage the Mgeno ranch and wildlife conservancy, a 53,000-acre community –led conservation project and working ranch.
Judge Wabwoto, in his May 25 ruling, said; “The Sub-County Surveyor, is hereby directed to conduct a fresh survey of the Mgeno Community Land and to prepare and file in this court a fresh survey report in strict compliance with Order 1(b) of the Court’s Order of 24th September 2025, which fresh report shall, in particular, clearly identify, demarcate and separate the parcels associated with the Sagalla and the Dawida communities respectively within the Mgeno Community Land.”
The Sagalla and the Dawida communities each lay claim to the land in the county where some public utilities including a school, have been constructed.
As a result, the two communities are also laying claim to the public utilities.
Elijah Mwandoe, representing the Sagalla community together with 181 others, made an application seeking to have the survey report nullified saying it had erroneously included the public utilities within the Mgeno community land.
Josephat Mwamburi, in a replying affidavit conceded that indeed the December 4, 2025 survey report failed to comply with the September 24, 2025 court order.
However, he refuted claims that Mwandoe is a bona fide member of the Mgeno community but rather a member of the Sagalla community.
Mgeno Development Organization, through the replying affidavit of Dominic Kitando sworn on May 5, opposed Mwandoe’s application saying there is nothing in law known as the Sagalla Native Reserve or the Dawida Native Reserv.
Kitando argued that in law, there is only community land, public land and private land.
He said the December 4, 2025 survey report ought to be upheld because it correctly observes that Mgeno community land is the only unregistered parcel in the vicinity and that the boundary is therefore self-defining by reference to the adjoining demarcated, mapped and registered parcels.
He said the public utilities in the Mgeno community land were built by Mgeno Development Organization and properly fall within Mgeno community land.
But Judge Wabwoto said Mwandoe being a Sagalla does not bar him from contesting the survey report because he was part of the mediation process that resulted in the September 24, 2025 court order, whose execution is now in issue.
Wabwoto ruled that the fresh survey shall be conducted in the presence of, and with the participation of, the representatives of the Sagalla Community, the Dawida Community and any other party that the surveyor deems necessary.
“And the parties shall accord the surveyor all necessary cooperation,” Wabwoto ruled adding that the cost of the fresh survey shall be born by Mwamburi, Mwandoe and Mgeno Development Organization.
He said the fresh survey report shall address separately the treatment of any public utilities falling within the area surveyed, indicating in respect of each such utility its precise location, the party or entity that constructed it, its current user or occupier, and whether, in the surveyor’s professional view supported by reasons, the parcel on which it sits properly falls to be classified as community land or as public land.
He said the court will upon receipt of the fresh report, give such further directions on the public utilities as may be appropriate.
“The fresh survey report shall be filed and served on all parties within ninety (90) days from the date of this ruling,” the judge ruled.
INSTANT ANALYSIS
Mgeno Wildlife Conservancy, also known as Mgeno Ranch, is a 53,000-acre community-led ranch and wildlife conservancy located in Mwatate, Taita Taveta county. Nestled at the foothills of the Taita Hills, it is a key member of the Taita Taveta Wildlife Conservancies Association.
