The landlords say they pay higher rates than rent earned from the premises since they have to pay rates to landowners, said Edward Bosire, the commission’s county coordinator.
Problems in Mombasa are unique because landlords don’t own the land on which their houses sit
Mombasa has seen bloody conflicts between private investors, who have bought land where squatters have settled, as they seek to repossess their land through forceful evictions.
More than 300 landlords in Mombasa County have filed cases with the National Land Commission (NLC) seeking arbitration between them and landowners after disputes erupted over accrued land rates.
The landlords say they pay higher rates than rent earned from the premises since they have to pay rates to landowners, said Edward Bosire, the commission’s county coordinator.
“Problems in Mombasa are unique because landlords don’t own the land on which their houses sit. Since they also pay rates to the county, the charges exceed rent collected. This has resulted to disputes,” he said during a sensitisation forum for squatters living in Bamburi.
“Some landlords had entered into these agreements with initial owners several decades ago and those who inherited the property want it back, further compounding the disputes. Some of them end up in courts where it takes long to settle,” he added.
Exploitation
Speaking during the forum, the squatters also expressed frustration and exploitation in the hands of land owners.
“We have been conned a lot of money in the promise that we would acquire the land only to realise it had been sold to wealthy investors who seek orders to evict us,” said Bakari Juma, a squatter in Kiembeni.
Due to complications and tussles associated with court cases, NLC is encouraging them to seek arbitration with the commission, Mr Bosire said.
“We have seen the power of arbitration because after we have settled the cases all parties are satisfied. There is no bad blood and this is the route we want to take as we seek to address the land problem not only in Mombasa but the entire coast,” the official said.
The commission is also sensitising residents in the six constituencies on the land laws of 2012 and the new Land Laws (Amendment) Act of 2016.
According to NLC, there are existing laws that can address the land question in Mombasa but the residents are not aware of them.
For instance, the commission has the powers to settle squatters on land that belong to absentee landowners.
“We are asking them to report cases of absentee landlords and when we receive such information, we start investigations on the history of ownership of such parcels of land. If we establish the land belongs to an absentee landlord, we initiate the process to settle the squatters,” Mr Bosire said.
Mombasa has seen bloody conflicts between private investors, who have bought land where squatters have settled, as they seek to repossess their land through forceful evictions.
Such cases have been rampant at Mwakirunge, Bamburi, Kisauni and Nyali areas.
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