The Environment and Land Court in Malindi has stopped all parties involved in the disputed 161-acre Mtwapa Maweni Settlement Scheme from filing new applications until the case is concluded.
Justice Evans Makori issued the directive while also restraining any development on the contested land, which has been at the centre of a legal battle since 2003.
The land is being claimed by more than 1,400 residents and several influential individuals, including government officials.
“In view of the back and forth of this case, I don’t think I’ll be entertaining any other application thereafter. It would be a total waste and abuse of the court process,” Justice Makori said.
He directed advocates representing both sides to focus only on issues directly related to the main suit and any pending matters in other courts.
“This is now for counsels; they narrow themselves to whatever the suit properties are. If there are any pending cases, they do that in their written submissions,” the judge added.
The case will be mentioned on November 26 for further directions and to set a ruling date.
Lawyer Paul Magolo, representing residents, said they were seeking justice for land injustices at the Maweni Settlement Scheme.
“We are fighting for the rights of these residents where allocation and issuance of titles have been done improperly, corruptly, and contrary to the law. We are ready to fight to the end because their constitutional rights must be protected,” he said.
Residents chairman Omar Chengo said the original adjudication process had been interfered with.
“We have 1,416 plots on the 161-acre piece of land, and we are glad that the court has stopped any activities until the matter is heard and determined,” he said.
He accused unnamed senior government officials of grabbing land meant for residents.
“Some officials in Kilifi County allocated themselves land even though they don’t live here. We urge the court to give us justice,” Chengo said.
Resident Gladys Riziki said the community has endured intimidation and arrests over the years.
“We started this case in 2003, and although the Mombasa court gave us the land, grabbers interfered with the beneficiary list. We’ve faced false charges meant to silence us, but we will fight to the end,” she said.
The residents, represented by Stephen Ngumbao, Gladys Nyamawi, Hassan Khamis, George Chonjo, Mwarua Tsongo, Sabina Mutua, Julius Nguma, Faith Mutheu, Thomas Safari, and Irey Abdi, accuse officials of illegally allocating land to strangers and non-locals.
In their affidavits, the petitioners claimed the titling process for parcels MN/111/324 and MN/111/334, covering 57 acres, was fraudulent and irregular.
They asked the court to issue conservatory orders halting further allocations and issuance of titles.
Residents also accused the Director of Survey of failing to provide a proper plan showing the numbering of parcels.
The Ministry of Lands began surveying the area in 2017 under the Maweni Settlement Initiative, where each resident was to receive a 50 by 100-metre plot.
Instant analysis
The Malindi Environment and Land Court’s move to halt new applications in the Mtwapa Maweni land case underscores the long-standing land injustices in Kilifi county. For over two decades, more than 1,400 residents have battled powerful individuals accused of grabbing community land through corrupt allocation processes.
