You won't win, EACC warns Kwale land grabbers

The Ethics and Anti-corruption Commission has sent a strong warning to land grabbers in Kwale county and across the country.

According to the EACC chief executive, Twalib Mbarak, the land grabbers will be met with the full force of the law, adding that the agency is committed to fighting the vice from all fonts and that it won't be business as usual.

Mbarak said the perpetrators should consider returning the grabbed public and community land before EACC catches up with them.

"We are giving them a chance of alternative dispute resolution. They should either throw away their fake titles or give back the grabbed community lands or we meet in court," he said.

He said EACC has filed many cases in court against land injustices, adding that they are assured of winning because of the overwhelming strong evidence presented to the court.

He said the commission has gathered enough resources to fight criminals and ensure all grabbed public lands are salvaged and returned to the community. 

Mbaraka said EACC is positive that the criminals acquired land through fraudulent processes and possess illegal documents.

He spoke on Monday during a press briefing on the status of the scenic Chale Island in Kwale county. The island was previously grabbed by private developers but EACC last week won the case.

The case ruling was issued by the Kwale Environment and Land Court, where it nullified all the illegal subdivisions of the island and revoked fake title deeds of individuals who had claimed ownership of the public land.

EACC filed the case in 2020 following an outcry from the community and the county government.

At least 31 acres of the Chale Island had been grabbed. The land is worth Sh1.2 billion.

Mbarak said the grabbing was done during the Kanu regime. The land was in 1982 gazetted as Marine National Reserve.

He said some individuals created a fake settlement scheme claiming that the island had some squatters, adding that the individuals went further to subdivide the land to dummy people and fabricated names and identity cards.

"During the Kanu era these people came here and awarded themselves land fraudulently and went ahead to divide it to people who don't even exist," he said.

Mbarak said EACC has also recovered the Kisite Mpunguti Island, which had been grabbed by a private developer.

He said the commission won't rest until justice is served and all public lands are returned to the community and county government for development.

Chale Island is rich in cultural heritage and ideal for tourism activities because of its strategic position and magnificent nature.

Kwale is among the coastal countries that are affected by prolonged historical land injustices.

According to county leaders, almost 60 per cent of the residents live like squatters in their ancestral lands.

Mbarak said processes are ongoing to recover other stolen lands in Kwale and across the country, even as he urged the county and the community to remain vigilant and protect public land.

The EACC CEO said the war is not over, adding that some people might be tempted to come back after a while.

"Please take care of this land, and if you see anyone doing illegal land surveying report it without hesitation," he said.

Mbarak also called on the county government and public officers to fight corruption and shun it.

He said EACC is not an enemy of county governors or public officers but it is there to ensure the legal process is followed and no laws are violated to safeguard public resources.

EACC Recovery Asset commissioner Alfred Mshimba urged the county government to develop the recovered lands and utilise public resources.

He said the Kwale government should use the resources wisely in creating employment for the youth and building the economy.

"The rate of unemployment is high, kindly use the resources and establish job opportunities for our youth," he said.

Kwale Governor Fatuma Achani congratulated the anti-graft agency for its great work, noting that the devolved unit will offer enough support to fight the increasing land grabbing.

The county chief said the vice has been a major headache, forcing thousands of residents to live like squatters.

She said the county in partnership with EACC is working to recover Kuranze, Diani Beach block 28, Nayari estate in Kinango, among other areas in Tiwi.

Achani said the National Land Commission messed up by renewing some expired leases unlawfully, even she urged residents to maintain law and order and use the legal process to fight land injustices.

The governor said she trusts the judicial system, adding that justice shall prevail.

"This country depends on tourism and it can benefit everyone if we maintain peace and let the law take its course," she said.

KWS Coast Conservation senior assistant director John Wambua said they will work closely with all government agencies to ensure the intended purpose of the recovered marine reserve land becomes functional.

He said enough officers will be deployed to man the area to protect the natural resources and its people.

Kwale Senator Issa Boi said that the Senate will ensure the oversight role is well performed and the public land and its resources are protected from land grabbers and exploiters.

Kaya elder member Abdallah Bakari Mwarima said the land dispute of Chale Island had cost Kwale 20 years of underdevelopment, noting that the residents are happy with the court ruling, adding that more development is assured.