Firm surrenders title for land encroaching into Indian Ocean
NLC commissioners led by acting chair Abigael Mbagaya [second from left] receives surrendered title deed from Mr Akram Mohamed on behalf of General Tyres company, August 23, 2018 in Mombasa. PHOTO | LABAN WALLOGA | NMG
The land was part of the Kibarani dumpsite in Mombasa
Other developers allocated land at the dumpsite planning to return their titles, sources say
President Kenyatta recently ordered the NLC to revoke titles to land on the Kibarani dumpsite allocated to private developers.
A company has surrendered its title deed for land encroaching into the Indian Ocean as the government heightens efforts to reclaim public land.
General Tyres, one of the companies holding title for a 1.2-acre land at the Kibarani dumpsite in Mombasa, surrendered it to the National Land Commission (NLC) on Thursday.
Sources indicated that other developers, who have sent lawyers before the NLC's inquiry on acquisition of the public land, were planning to return the documents.
“We know that there is already a decision made by the government on revocation of our documents. Let’s wait and see but we know what the decision of the commission would be at the end of this inquiry,” said one of the developers whose company is among the 30 being investigated on how they acquired the land which has encroached the sea.
President Uhuru Kenyatta had ordered the NLC to revoke Kibarani dumpsite land allocated to private developers.
On Thursday, General Tyres submitted its tittle deed through a Mr Akram Mohammed who identified himself as a friend of the company's owner.
“The land was acquired from a third party in 2000 and the owner thought it is wise to hand it back to the government since it has requested it back,” said Mr Mohammed, after he handed over the title deed to the commission, which is sitting at the Kenya School of Government in Mombasa.
Surrender title deeds
The NLC acting chairperson had urged private developers to surrender their title deeds if they “honestly” know that they illegally acquired the land, which was a livestock holding ground way back in 1920.
During Thursday’s session, Mitchell Cotts company was put to task by the commission led by vice-chairman Abigael Mbagaya to explain how it acquired the land at Kibarani dumpsite along the Makupa Causeway, where its yard is located.
The commission also put on the spot the National Environment Management Authority (Nema) and the defunct Municipal Council of Mombasa for the approvals they gave for the development made in the said land.
This is after lawyer Moses Waweru, who was representing Mitchell Cotts, revealed that all its development was approved by the two government institutions.
“The government has also been receiving land rates to date and is now alleging that the land is not properly held by my client, but we will need to put a red line and have those government institutions taken to task since there is an aim of driving the ongoing war on corruption,” said Mr Waweru.
Ms Mbagaya however noted that, “paying land rates will not make you an owner of the land that belongs to the public.”
Another company, Ware Transport, was also tasked to explain how it was holding a land belonging to Kenya Railways and had not paid Sh50 million that was in the lease agreement.
It emerged that the company was possessing the land with a letter of confirmation signed by a KR regional security officer. The commission said it was suspicious of the process through which the company owner got the lease from the parastatal.
The land makes part of the Kibarani dumpsite which has been reportedly grabbed by influential individuals.
Kenya Railways land
Kenya Railways lands are among among those that are in the hands of individuals.
“What we are going to do is simply write to KR instructing it to refund the cash you had given out so that you can release that land which is a public utility. We do not see the reason for you to insist in owning land that is known to belong to the public,” Ms Mbagaya told the said owner of the company.
This was after its clerk, Mr Joseph Mwanzia said it had paid Sh19 million as rate arrears.
The session was temporarily disrupted by an activist who was whisked away by security officers when he tried to disrupt the meeting.
The activist identified as Fred Ojiro had termed the ongoing session as “unnecessary” claiming that it was the commission that had passed some of the title deeds.
Among companies summoned to appear before NLC to explain acquisition of land at Kibarani are:
