Farmers living next to Yala Swamp can move into the wetland and cultivate it as there are no clear boundaries, according to two MCAs.
Francis Otiato (East Yimbo) and Leonard Oriaro (Central Alego) said there is no clear demarcation between 3,500 acres belonging to the public and the 3,700 acres owned by former Dominion Farm under a 25-year lease from the defunct Siaya County Council.
Otiato accused the Siaya county government of ignoring a court ruling that called for the actualisation of recommendations on historic land injustices through a March 1 Kenya Gazette.
The MCAs were addressing residents at the boundary of Alego-Usonga and Yimbo adjacent to the Yala swamp on Friday.
A Land Commission report and recommendation "allowed the Ministry of Lands and the county government of Siaya to resurvey the swamp to determine the acreage under the farm”.
The report says, “the commission further recommends that if there is excess land, it should be restored to the affected communities and ownership documents prepared for the community”.
The East Yimbo representative said, "Following the dramatic court ruling, which Siaya Governor Cornel Rasanga has failed to implement, residents have no option but to invade the 6,900 hectares unconditionally."
Otiato, who is a former Mumias Chief Inspector of police, said the public will not violate any law by invading the wetland.
“I direct you to encroach on the land and cultivate as you await the resurvey and erection of beacons in Yala Swamp. Any reasonable police officer will not arrest you,” he added.
The Dominion Farm vacated the land years ago, allowing Raia Sugarcane Farm to assume ownership.
Oriaro said that reclaiming the land would be among the projects he intends to leave as his legacy.
The MCAs are today expected to come up with a Musungru Declaration on the wetland occupation.
Dominion Farm CEO Calvin Burges stopped its operations and moved to Nigeria after widespread public outcry against the American company.
(Edited by R.Wamochie)
