GAZETTE NOTICE NO. 3210

In exercise of its broader mandate to advise on land policy, the Commission makes the following recommendations to resolve the standoff: i. The Ministry of Agriculture and Livestock, in conjunction with the Ministry of Lands, shall undertake a comprehensive land use plan for the entire Livestock Marketing Division parcel to determine which areas are essential for its core mandate. ii. Following this planning, and in the public interest to resolve the squatter crisis, the Livestock Marketing Division should formally surrender any portion of its land that is deemed surplus to its requirements for the lawful and planned settlement of the current occupants. iii. Furthermore, public utilities in the area such as schools, health centers, and access routes that are located on Livestock Marketing Division land should be formally excised and their titles regularized. iv. The Ministry of Lands and Physical Planning shall be the lead agency in coordinating the planning and survey exercises mentioned above to implement these recommendations. 4. NLC/HLI/1741/2021 Bonu Dika Wario Vs. County Government of Isiolo and Others The Ministry of Interior and National Administration provide security and logistical support to facilitate the safe return and reintegration of the original residents of Kom to their ancestral settlement. 5. NLC/HLI/1738/2021 Joseph Kalapata Vs. County Government of Meru & Others The Claimants to await the outcome of the ongoing degazettement talks between the County Government of Meru and the Ministry of Defence, as the result will define the framework for any future restitution, compensation or resettlement. 6. NLC/HLI/1739/2021 Erupe Lobuni Vs County Government of Isiolo and Others i. That the Kenya Wildlife Service (KWS), in collaboration with Isiolo County Government, grant the community limited, access guided by conservation ptotocols to the Ewaso Nyiro River for livestock watering. ii. That stakeholder engagement be encouraged, exploring avenues for the community’s inclusion in conservation benefit-sharing frameworks as provided under the Wildlife Conservation and Management Act, 2013. THE KENYA GAZETTE 14th November, 2025 No. Case No & County Parties Recommendation iii. All tourist establishments within the Reserve must implement a Community Partnership Policy ensuring preferential hiring of locals, local sourcing of goods and services, and support for community development projects (i.e. education bursaries, access roads, water projects as part of CSR) 7. NLC/HLI/1737/2021 Zacharia Sileta Vs. County Government of Isiolo & Others i. The Commission recommends that the Turkana Ngaremara community be granted access to the Ewaso Nyiro River and designated grazing areas near the Reserve for purposes of watering livestock and seasonal grazing. ii. The community should be included in benefit-sharing, employment, and eco-tourism activities associated with Shaba National Reserve under the Wildlife Conservation and Management Act, 2013. iii. All tourist establishments within the Reserve must implement a Community Partnership Policy ensuring preferential hiring of locals, local sourcing of goods and services, and support for community development projects (i.e education bursaries, access roads, water projects as part of CSR) 8. NLC/HLI/1746/2021 Mohamed Guyo Golicha Vs. County Government of Isiolo i. The claim is dismissed. ii. However, to foster sustainable development and community benefit, and in the public interest, the community shall, in conjunction with the County Government of Isiolo, operationalize and co-manage the Bisan Adhi Game Reserve. KILIFI COUNTY 1. NLC/HLI/3339/2021 David Karisa Vs. County Government of Kilifi and Others 1. The claimants’ case is hereby dismissed. 2. However, in the public interest, the Ministry of Lands, through the Settlement Fund Trustees, in collaboration with the County Government of Kilifi, should acquire the land from the registered owners and regularize the squatters within the stipulated statutory period of 3 years. 2. NLC/HLI/3349/2021 Douglas Manyeso Ngumbao Vs. County Government of Kilifi 1. The claimant’s case is hereby dismissed. 2. However, in the public interest, the Ministry of Lands, through the Settlement Fund Trustees, in collaboration with the County Government of Kilifi, should acquire the land from the registered owners and regularize the squatters within the stipulated statutory period of 3 years. 3. NLC/HLI/2793/2021 Elijah Katana Winji Vs. County Government of Kilifi 1. The claimant’s case is hereby dismissed. 2. However, in the public interest, the Ministry of Lands, through the Settlement Fund Trustees, in collaboration with the County Government of Kilifi, should acquire the land from the registered owners and regularize the squatters within the stipulated statutory period of 3 years. 4. NLC/HLI/2742/2021 Felix Kahindi Kambi Vs. County Government of Kilifi 1. The claimant’s case is hereby dismissed. 2. However, in the public interest, the Ministry of Lands, through the Settlement Fund Trustees, in collaboration with the County Government of Kilifi, should acquire the land from the registered owners and regularize the squatters within the stipulated statutory period of 3 years. 5. NLC/HLI/2758/2021 Gabriel Thoya Baya Vs. County Government of Kilifi 1. The claimant’s case is hereby dismissed. 2. However, in the public interest, the Ministry of Lands, through the Settlement Fund Trustees, in collaboration with the County Government of Kilifi, should acquire the land from the registered owners and regularize the squatters within the stipulated statutory period of 3 years. 6. NLC/HLI/2743/2021 Jonathan Ndurya Thoya Vs County Government of Kilifi 1. The claimant’s case is hereby dismissed. 2. However, in the public interest, the Ministry of Lands, through the Settlement Fund Trustees, in collaboration with the County Government of Kilifi, should acquire the land from the registered owners and regularize the squatters within the stipulated statutory period of 3 years. 7. NLC/HLI/2520/2021 Justus Ndoro Kalama Vs. County Government of Kilifi 1. The claimant’s case is hereby dismissed. 14th November, 2025 THE KENYA GAZETTE No. Case No & County Parties Recommendation 2. However, in the public interest, the Ministry of Lands, through the Settlement Fund Trustees, in collaboration with the County Government of Kilifi, should acquire the land from the registered owners and regularize the squatters within the stipulated statutory period of 3 years. 8. NLC/HLI/2303/2021 and NLC/HLI/2770/2021 Sabaki Kikombe Tele & Alex Kitsao Sulubu Vs. County Government of Kilifi and Others 1. The claimant’s case is hereby dismissed. 2. However, in the public interest, the Ministry of Lands, through the Settlement Fund Trustees, in collaboration with the County Government of Kilifi, should acquire the occupied land from the registered owners and regularize the squatters within the stipulated statutory period of 3 years. 9. NLC/HLI/1015/2021 Shahame Khamis Ali Vs. County Government of Kilifi and Others The claim cannot be sustained because of the sub judice rule. 10. NLC/HLI/3436/2021 Wilfred Mwamure Thoya Vs. County Government of Kilifi and Others i. That the claimants’ case is hereby dismissed, and no redress is merited under the HLI framework. ii. That the five-acre portion identified as unalienated government land be subjected to further investigation to determine its suitability for settlement regularization or allocation under appropriate government frameworks with engagement with the Ministry of Lands and Kilifi County Government within the stipulated statutory period of 3 years. 11. NLC/HLI/3613/2021 M1 Residents Welfare Association Vs. County Government of Kilifi and Others In the interest of justice, equity, and sustainable peace, the Commission makes the following recommendations to break the current stalemate: i. The Ministry of Lands in conjunction with the County Government of Kilifi shall, assist the parties arrive at an amicable solution by providing planning, survey, valuation and eventual issuance of individual title deeds to the qualifying residents within the stipulated statutory period of 3 years. ii. The commission recommends demarcating the public institutions and utilities and issuing separate title deeds for them. 12. NLC/HLI/602/2019 Funahaki Youth Farmers vs. County Government of Kilifi and Others 1. The Preliminary Objection raised by the 4th Respondent is hereby upheld. The Petition is not sustainable for being; a. Res Judicata, the matter having been substantially and finally determined courts. b) An abuse of the Commission's process, constituting issues being litigated in courts. 13. NLC/HLI/1313/2021 Bavinga Community Vs. County Government of Kilifi and Others i. The claim is hereby dismissed. ii. An Alternative Dispute Resolution (ADR) Committee comprising of the County Government of Kilifi, a representative from the Ministry of Lands, the Estate of the Late Eliud Timothy Mwamunga and the Bavinga Community be established to; (a) Facilitate a negotiated final purchase price for the residual 97.44 acres (or a mutually agreed portion thereof) that is fair and takes into account the socio-economic circumstances of the residents and the registered owner's right to compensation. (b) Explore and propose a funding mechanism for the purchase. This should include active exploration of financial assistance from the County Government of Kilifi and the Ministry of Lands through its Settlement Fund Trustee (SFT) or any other appropriate fund, as previously suggested by the 4th Respondent. (c) Develop a clear and time-bound framework for the transfer of the land, including survey, formalization of tenure for the residents, and the eventual vacation of the land by the 4th Respondent upon completion of the purchase. iii. The ADR Committee is mandated to provide a preliminary progress report to the Commission’s Kilifi County Coordinator within 120 days from the date of this determination. THE KENYA GAZETTE 14th November, 2025 No. Case No & County Parties Recommendation 14. NLC/HLI/1808/2021 NLC/HLI/1804/2021 NLC/HLI/1853/2021 NLC/HLI/1854/2021 Flowrin Furaha Kazungu, Felix Safari Kazungu, Thomas Mwachiro Kazungu and Shaka Wanje Zilo Vs- County of Kilifi and Peter Koenecke The claimants have not demonstrated ancestral claim; the claim is hereby dismissed. 15. NLC/HLI/1013/2021 and NLC/HLI/2101/2021 (consolidated) Mferejini Community C/O Selina Begonja Vs Hedge Farm Limited Attorney General, County Government of Kilifi, Ministry of Lands, Public Works, Housing and Urban Development, Registered Owners The claim before the Commission is not sustainable due to the principle of res-judicata. 16. NLC/HLI/1373/2021 Saha Mukoma Tsama Vs KETRACO The claimants’ claim herein fails and is dismissed. 17. NLC/HLI/472/2018 Harry Emmanuel Ngade Vs Simba Colt Motors, Attorney General, County Government of Kilifi, Ministry of Lands, Public Works, Housing and Urban Development, Registered Owners The Claimant’s claim fails and is hereby dismissed 18. NLC/HLI/2604/2018 Kahindi Charo Kirimo Vs Kibaoni Primary School, Attorney General, County Government of Kilifi, Ministry of Lands, Public Works, Housing and Urban Development, Ministry of Education The Claimant’s claim herein fails and is hereby dismissed. 19. NLC/HLI/1349/2021 Chrispas Chengo Masha Vs Ngala Memorial Girls Sec, Attorney General, County Government of Kilifi, Ministry of Lands, Public Works, Housing and Urban Development, Ministry of Education The Claimants’ claims herein fails and is hereby dismissed 20. NLC/HLI/495/2018, NLC/HLI/670/2019, NLC/HLI/1057/2021, NLC/HLI/1363/2021, NLC/HLI/2134/2021, NLC/HLI/2452/2021, NLC/HLI/2574/2021, NLC/HLI/2584/2021, NLC/HLI/2596/2021, NLC/HLI/2604/2021, NLC/HLI/2606/2021, NLC/HLI/2712/2021, NLC/HLI/3073/2021, NLC/HLI/3405/2021, and NLC/HLI/3604/2021 (consolidated) Vipingo TC Land Committee/ Kilifi South/North Constituencies (Bambani C.B.O)/ The Indeginous People of Vipingo Community/ Raphael Charo Fondo/ The Late Fundi Nasibu- Zena M Kheir/ Mwarasi Bindo/ Gongoni Mwembe Difiri Residents/ Peru Kolokohe Mwaringa Chai Families/ Mwamkweha Community/ Family of Ahmed Stambuli/ Vipingo Land Committee/ Mulango Washe/ George Nyale Mrima/ Edison Majaliwa Mbura Vs Vipingo Sisal Estate, Rea Vipingo Kilifi Century Co, Kibaoni Primary School, Attorney General, County Government of Kilifi, Ministry of Lands, Public Works, Housing and Urban Development The Claimants’ claims herein fail and are hereby dismissed. 21. NLC/HLI/1700/2021, NLC/HLI/1701/2021, NLC/HLI/1702/2021 and HLI/2439/2021 (consolidated) Makaburini Residents/ Jakaba Residents/ Misufini Residents Vs Mabati Rolling Mills Attorney General, County Government of Kilifi, Ministry of Lands, Public Works, Housing and Urban Development (a) The 1st respondent Mabati Rolling Mills be allocated an equivalent land by the County Government of Kilifi, prior to the surrender of any of their claimed land parcels herein to the same County Government of Kilifi. (b) In the alternative the County Government of Kilifi to hereby compensate the 1st Respondent in monetary form within the stipulated statutory period of 3 years 22. NLC/HLI/3530/2021 Safari Kazungu versus Krystalline Salt Limited, Ministry of Lands Public Works, Housing and Urban Development, Attorney General and County Government of Kilifi The Commission recommends that the Claimants engage with the relevant government agencies for the implementation of the directives contained in