Kibaoni residents in Lunga Lunga display their title deed issues on Tuesday by President William RutoResidents of Kwa Punda village in Jomvu constituency, Mombasa county, are protesting against the planned issuance of a title deed for a 70-acre land they calim to have occupied for decades.
The 150 villagers, who are members of Kwa Punda Self Help Group, say the parcel, LR No. 15/V/MN, is among land expected to benefit from a title deed issuance exercise by President William Ruto on Friday.
The President is expected to issue about 4,300 title deeds to Mombasa residents.
The group says its claim to the land is the subject of ongoing court proceedings, despite an earlier ruling in its favour.
According to the residents’ advocates, J. J. Chesaro and Advocates, the matter remains pending following appeals against the ruling and a subsequent stay order.
Court documents show the residents claim to have occupied the land since 1974 and sought ownership through adverse possession.
However, Changamwe Housing Scheme Limited has disputed the claim in court documents, stating that it purchased the land on July 25, 1997, from Rajnikant Ambalal Patel for Sh800,000.
The company subsequently used the property as security for a Sh110 million loan from Trust Bank Limited, which is now in liquidation.
After the loan was not repaid, the bank advertised the property for sale by public auction on August 19, 2009.
The Kwa Punda Self Help Group said it learnt of the intended sale through the advertisement and subsequently moved to court, triggering a series of legal proceedings.
The residents now say they are concerned that some names appearing on a list of intended beneficiaries may not correspond with those involved in the longstanding dispute over the land.
In a letter dated August 6, the residents, through their advocates, asked Interior Cabinet Secretary Kipchumba Murkomen to intervene and investigate what they described as the disputed transfer and subdivision of the property.
The advocates said the residents had previously been approached by people who purportedly wanted to acquire part of the land.
“Our clients were allegedly persuaded to facilitate the transfer of the property on the representation that they would be assisted in resolving the burden of the land rates, which had become difficult for them to meet,” the advocates said.
They said the residents later learnt that the property had allegedly been transferred in circumstances they considered irregular and contrary to their interests.
The group subsequently sought to place a caveat, restriction and other protective measures on the property, according to the advocates.
The residents are also concerned about the government’s reported involvement in acquiring the land for purposes of settling squatters under the Kwa Punda settlement scheme.
They have questioned whether public funds may be committed towards land whose ownership and entitlement remain the subject of court proceedings.
The lawyers expressed concern that the President may not have been fully briefed on the ownership dispute and pending litigation before the planned title deed issuance.
They called for investigations into the ownership history and ongoing surveying, subdivision and demarcation activities.
“Our clients have also raised serious concerns regarding ongoing surveying, subdivision and demarcation activities on the ground,” the advocates said.
The residents alleged that some highly placed individuals could receive large portions of the land, while people whose names feature in the court proceedings risk being left out.
The claims have not been independently established, and the ownership dispute remains before the courts.
For the residents, the planned issuance of title deeds has heightened concerns over the status of the property and the outcome of their longstanding legal battle.
Through their advocates, they are seeking intervention to ensure that the title issuance process does not prejudice the interests of parties involved in the ongoing court dispute.
