The Environment and Land Court in Malindi has barred all parties involved in the long-running dispute over the 161-acre Mtwapa Maweni Settlement Scheme from filing any new applications until the case is fully concluded.
Justice Evans Makori issued the directive on Friday, also restraining any development on the contested land that has been the subject of a bitter ownership battle since 2003.
“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 ruled.
The land in question is being claimed by more than 1,400 residents as well as several influential individuals, including government officials accused of irregularly allocating themselves parcels within the settlement.
The judge directed lawyers representing both sides to concentrate on issues directly related to the main suit and any pending matters already before 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,” he added.
The case will be mentioned on November 26 for further directions and to set a date for ruling.
Lawyer Paul Magolo, representing the residents, said the community is seeking justice for what they describe as historical 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,” Magolo said. “We are ready to fight to the end because their constitutional rights must be protected.”
Residents’ chairman Omar Chengo welcomed the court’s order halting all activities on the land, saying the move would prevent further interference as the case proceeds.
“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,” Chengo said.
He accused unnamed senior Kilifi County officials of grabbing land meant for locals.
“Some officials allocated themselves land even though they don’t live here. We urge the court to give us justice,” he said.
Resident Gladys Riziki said the community had suffered intimidation and harassment since the case began more than two decades ago.
“We started this case in 2003, and although the Mombasa court gave us the land, grabbers interfered with the beneficiary list,” she said. “We’ve faced false charges meant to silence us, but we will fight to the end.”
The petitioners, 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 non-locals and falsifying the titling process for parcels MN/111/324 and MN/111/334, covering about 57 acres.
In their affidavits, they allege that the process was fraudulent and irregular, calling on the court to issue conservatory orders to stop further allocations and issuance of titles.
They also faulted the Director of Survey for failing to provide a proper survey plan showing the numbering of the disputed parcels.
As the case enters its final stages, residents are hoping for a decisive judgment that will finally bring closure to one of Kilifi County’s longest and most contentious land battles.
