An NGO has urged Kenyans who suffered historic land injustices to submit their grievances and evidence to the National Land Commission by September 21.
The Institute of Participatory Development (IPD) on Friday particularly told residents of Kilifi county and the Coast to submit their claims immediately.
The injustices must have occurred between June 15, 1895, when Kenya became a protectorate under the British East African Protectorate and August 27, 2010, when the Constitution was promulgated.
Coast region residents have for years been complaining that outsiders seized their land, making many of them squatters.
There have been claims leading families grabbed vast swathes of land at the Coast in the early days of Independence. Cases have been documented in the Truth, Justice and Reconciliation Report, which has never been fully implement.
Sensitive parts of the report were expunged because some leading families were mentioned, some drafters refused to sign it..
Executive director Raphael Mzungu Ngoma said the law took effect in October 2016 and the window closes on September 21 this year. Claims will not be received after that date.
Ngoma said people have a responsibility to ensure all claims of historical injustices are submitted for them for investigation and redress.
Those who do not submit claims by that date must forever hold their peace, he said.
“It is the responsibility of everybody — including individuals, political leaders, religious leaders and community-based organisations — to ensure everyone affected by historic land wrongs are sensitised so they submit claims," he said.
The IPD executive director called on political and administrative leaders to be at the forefront in sensitising Kenyans on the importance of reclaiming what is rightfully theirs.
Those who cannot read or write should seek help from individuals and organizations to prevent their grievances so they are not left out.
Section 38 of the Omnibus Land Laws Amendment Act No. 28 of 2016 amended Section 15 of the National Land Commission Act 2012.
It allowed a five-year period for aggrieved parties who suffered injustice to submit claims for redress.
Under the amended Section 15 (3) (e) of the NLC Act, a historical land claim may only be admitted, registered and processed by the commission if it is, among other criteria, brought within five years from the date the Act commenced.
Initially the submission of such claims was to elapse in 2017 but the period was extended to September 2021.
IPD said despite the extension under the Land Laws Amendment Act 2016, many Kenyans, particularly those from Coast, are yet to submit claims though the region is riddled with injustices and land grabs.
The Act requires claimants to verify the injustice resulted in displacement of the claimant or other forms of historical injustices.
Moreover, the claim must be one that could not have been or addressed through the ordinary court system.
According to the Act, the claimant must have been either the owner or occupant of the land on which the claim is based. No action by the claimant will amount to surrender of the claim or renunciation of the right to the land.
A historical land injustice is grievance caused by violation of the right to the land on the basis of any law, policy, declaration, administrative practice, treaty or agreement.
The injustice must have resulted in displacement of the claimant/s from their habitual place/s of residence or other wrongs.
Some land was forcibly taken by Arabs before it was taken by colonialists and neo colonialists.
Some squatters recently have received title deeds. This is after government began acquiring land from owners and families who own huge chunks of land occupied by squatters.
It’s believed that the Coast's historic land injustices have been the genesis of longstanding problems at the Coast, particularly along the 10-mile coastal strip.
In Magarini subcounty, residents have complained their land was being taken over by private companies. Tycoons from various parts of the country are said to have used their influence to fraudulently acquire land and kick out indigenous owners.
Land activists from Kilifi county are disappointed few Kenyans have taken action and registered their claims.
Stembo Kaviha from Sabaki in Malindi said many victims of land injustices are not aware of the deadline and could be locked out.
“Kenyans have not been sensitised enough, urgent measures should be taken to enlighten them so they can submit their claims in time,” he said.
Kaviha said the NLC together with the Ministry of Lands and the Kilifi county government all failed in their mandate to sensitise aggrieved persons. As a result, residents are not aware of the legal provisions to allow their claims to be heard
He said it is important all grievances are sent to the commission for redress but expressed fears many people will be locked out of what should be their land.
“The government should allow chiefs and their assistants as well as community-based organisations to hold sensitisation meetings so those who have claims can submit them before the deadline,” Kaviha said.
The land activist said the government to take action quickly and ensure all people who suffered historical land injustices submit their claims.
He urged the government to fund CBOs to carry out sensitisation sessions.
Further he urged the authorities to extend the deadline and if that is impossible, they should be allowed to hold small sensitisation meetings in accordance with the Covid-19 protocols on the need to submit the claims.
(Edited by V. Graham)
