GAZETTE NOTICE NO. 2505

. The Commissioner of Lands then instructed the District Land Registrar, Kilifi to cancel titles already registered and re issue individuals with Registered Land Act (RLA) titles. Land owners were asked to return their titles in exchange of RLA titles, but in the process some returned and never got RLA titles instead plots were issued to new individuals. This action led to many complaints and this necessitated a presidential directive that land owners should be given land, and the government initiated a Settlement programme on the sections. Due to the confusion on the three registration regimes being applied on the sections, an embargo was placed on the sections in 1986, where land transactions could not be applied on the plots despite the m any task force reports that have been produced. BACKGROUND HISTORY FOR KILIFI CHEMBE KIBABAMSHE SECTION Chembe Kibabamshe was declared an adjudication section on 2nd October, 1974, and finalized on 26th May, 1978 with a total of 440 parcels. Registration took place in 1978 and titles issued under Registered Land Act Cap. 300 (Repealed). However the registration was nullified by the government triggering numerous Court suits which continue up to-date. Settlement programme was also applied in the same section in 1998, there was a presidential directive that land owners be allocated land owing to m any complaints from the region. A total of 443 parcels were re allocated to land owners covering an area of 1,107.5 ha. The former Commissioner of Lands through a gazette notice in 1986 declared the areas as falling under government land and ordered cancellation of the registrations where land owners returned their titles in exchange of titles under Registration of Titles Act. Justification; The Commission after the public hearings to determine the legality and propriety of the allocations and registration concluded as follows; 1. The government erred by applying three registration regimes in an area thus resulting in various types of allocations and registration. the tenure system that the Chembe Kibabamshe area falls is trust land and not government land and therefore the adjudication regime should be upheld. 2. It’s on the basis of public interest that the commission initiated the public hearings in a view of lifting the embargo. 3. The historical injustice to the land owners. 4. ADR. NATIONAL LAND COMMISSION REPORT REVIEW OF GRANTS AND DISPOSITION OF PUBLIC LAND IN CHEMBE KIBABAMSHE SETTLEMENT SCHEME, KILIFI COUNTY Plot Reference Number Interested Parties/Registered Owner Who Appeared Allocation Status Recommendation Remarks Plot No. 373 Kenga Hinzano No appearance -First registered to Kenga Hinzano in 1978. Mathenge Wachira was allocated in 1990 through adjudication objection No. 30 by Kenga Hinzano. Also Malindi Musketeers have interests. -Transferred to Daniel Rench. The Commission regularizes the allocation to the estate of Kenga Hinzano as the first allotee and revokes any other allocations after the adjudication to Kenga Hinzano CLEARED Plot No. 386 Rebecca Florence Kalume and 3 others. Kanze Lewa Keche. -It was originally allocated to Albert Samini as per the adjudication records. -Kanze Lewa (Deceased) has a letter of offer and resides on the property. The Commission directs the Chief Land Registrar to issue title to Ruth Kabibi Kombe, the surviving daughter of the deceased. any other title purported to be issued earlier is hereby revoked. No issue lift embargo. CLEARED The full determination may be collected from the Legal Directorate Registry, 4th Floor, Wing C, from Monday to Friday, 8.00 a.m. to 5.00 p.m., during official working hours. Dated the 28th April, 2017. MUHAMMAD A. SWAZURI, Chairman, National Land Commission.