GAZETTE NOTICE NO. 2505

Pursuant to Article 67(2) (e) of the Constitution and Section 5 1 (e) of National Land Commission Act 2012, the Commission has a mandate to initiate investigations on its own initiative or a complaint on historical land injustices and recommend appropriate redress. BACKGROUND Kijipwa Settlement Scheme formally No.285 111/4 Mainland North in Kilifi County covers an area approximately 500 Ha. It was registered in 1987 with a total of 450 squatters who were allocated 2.5 acres each. However, eight (8) other people got more than 1.01 ha. Equivalent of 2.5 acres (as shown below) and who were subjected to these investigations:- Plot No. Name Size (Ha) Sub divisions Who appeared No. of (IIIH) 35 Anderson Kariuki Chomba 7.76 361 - 367 532 - 533 930 - 932 1474 - 1475 Akith Advocate for Pink Homes 41 John Thiongo Mwaura 9.70 372 - 380 1364 - 1365 1466 - 1473 Nicholas Murima Wanyete on behalf of Mapandeni squatters 43 Thakorbhai Kashibhai Patel 19.28 427 - 480 36 48 Madan Gopal Saini 19.28 Kinyanjui Advocates 157 53 Stephen Timothy Mwakisha 20.00 86 96 James Mbandi Kinyungu 41.0 Farida Juabi representing the County locals. 277 Boniface Mganga 7.74 Ravi Bhagat, Stephen Kivuso, Stephen Mganga, Nicholas Murima 278 Amina Chabi Mohamed 1.70 Amina Chabi Muhamed, Tsofwa Mweni Advocate for Bertha Gambira Bockle The Court sitting at Mombasa vide Civil case no.169 of 2010 issued an order dated 23`d September, 2011 stating that the following parcels be vested to the plaintiffs as follows:- a. Plot No. Kilifi/Kijipwa/364 -Rolph Kenga Kadenge b. Plot No. Kilifi/Kijipwa/361, 362 and 363 - Ibrahim Jumbale Nyamawi. c. Plot No. Kilifi/Kijipwa/366 - Mangi Katana Mwaro. d. Plot No. Kilifi/Kijipwa/365 - Leslie Robinson Mwajanji Mwangemi. e. Case No. 169 of 2010 by Ibrahim Jumbale filed for vesting orders for Parcels 361, 362, 363 and then sold to Pink homes. Ibrahim Jumbale's father (Mr. Jumbale Nyamawi) was allocated Parcel 120 in Kijipwa Scheme, sold it and moved to squat on P/35. The above mentioned parcels have since been transferred to third parties. The following cases are pending in Court; 1. ELC No.91 of 2015 affecting Parcel No.35 2. ELC No.92 of 2015 affecting Parcel No.35 3. ELC No.122 of 2010 affecting Parcel. No. 41 4. ELC No.334 of 1996 affecting Parcel No.48 5. MLD HCC No.65 of 2011 affecting Parcel No. 96 FINDINGS The Commission after consideration of the above written and oral submissions and from the records available, we note that; 1. There were eight (8) persons in the subject area who were allocated more than the recommended 2.5 ha. of land, 2. In furtherance to the above, those who were allocated the 8 large proportions of land displaced the people already in occupation of the subject area, 3. The eight (8) persons allocated the said 8 parcels were either land officers or prominent civil servants, 4. That some of the large parcelt are subdivided with new numbers and sold to third parties, 5. That some of the affected parcels have pending Court cases i.e Plot No. 48, 96, 35 & 41, 6. That after a ground verification conducted by the Commission in January 2017, it was discovered that some parcels are densely occupied with approximately 700 people on the eight affected parcels, 7. All the proprietors of the subject plots under investigation appeared before the Commission during the public hearing conducted on 12th October, 2018 at Watamu Social Hall except Bertha Bockle (P/278) and Ravind Bhagat (P/277). These two individuals should be considered for 2.5 acres like the rest. RECOMMENDATIONS The Commission recommends the following:- 1. The Chief Land Registrar to revoke Titles for plot no. 43, 53, 277 and 278, 2. The relevant County Government together with the Ministry of Lands to regularize the registration of the people in current occupation of the subject parcels and implement the above mentioned directive, 3. The Commission should be enjoined in the cases to give expert opinion on parcels 35, 41, 48 & 96. REPORT ON INQUIRY OF A FREEHOLD TITLE NUMBER MOMBASA/BLOCK X111/114 Recommendation al. the Commission The Commission had received complaints that plots within Makandc Estate which was transferred to the National Housing Corporation had been allegedly created inside land parcel No. Mombasa Block X11/114. The purported sub-divisions were found to have no basis as there were no PDPs or evidence of any survey conducted to tbrm the purported subdivisions. The land vs as also vested in the Municipal- Now County Government and Vs as/is not available for allocation. The allocations and or subdivisions thereto should he cancelled. The Chief Land Registrar to.cancel all the subsisting titles and uphold the title held by National !lousing Corporation Property Description Lo(mion lincrested Mirth's Recommendation il' the CommiNion Mombasa Block X111/393 Mombasa National [lousing Cooperation 13enisnio Enterprise The Chief Land Registrar to the title held by Benismo Enterprtise and vest the property ill National Housing Cooperation. The Director Land Admnistration to issue new allotment to the National Housing Cooperation. Mombasa Block • X111/394 Moinhasa Notional Ilousing Cooperation Vyas limit Mrs Limited The Chief Land Registrar to the title held by Benismo Enterprtise and vest the property in National !lousing Cooperation. Cite Director Land Adiunistration to issue new allotment to the National Housing Cooperation Mombasa Block X111199 Mombasa National !lousing Cooperation The Director Land Admnistration to issue new allotment to the National Housing Cooperation. The Director Land Adninistration to issue new allotment to the National Housing Cooperation Mombasa Block X'111/401 Mombasa National !lousing cooperat ion V Mita LK Kanabar . •Cooperation 'Hie Chief Laud Registrar to the title held by Benismo Tnterprtise and vest the property in National (lousing Cooperation. The Director Land Admilistration to issue new allotment to the National Housing Mombasa Block X111/404 Mombasa Block X111/405 Mombasa Mombasa National Ilousing Cooperat ion - ' - The Director Land Admnistration to issue new allotment to the National Housing (.00peration. The Director Land Admnistration to issue ten allotment to the National Housing Co_operation National Ilousing Cooperation the (h Land Registrar to the title held by Benismo Enterprtise and vest the property in National Housing Cooperation. The Director Land Admnistration to issue new allotment to the National !lousing Cooperation Mombasa Block X111/406 Mombasa National Ilousing Cooperation Masjin Tahak The Director Land Admnistration to issue new allotment to the National Housing Cooperation. The Director Land Admnistration to issue new allotment to the National Housing Cooperation Mombasa Block X111/410 Mombasa National Housing Coopration Iftikhar Omar Faraj The Chief Land Registrar to the title held by Benismo Enterprtise and vest the property in National Housing Cooperation. The Director Land Adrimistration to issue new allotment to the National Housing Cooperation Mombasa Block X111/416 • Mombasa National Housing Cooperation The Chief Land Registrar to the title held by Benismo Enterprtise and vest the property in National Housing Cooperation. The Director Land Administration to issue new allotment to the National Housing Cooperation Mombasa Block X111/417 Mombasa National Housing Cooperation The Chief Land Registrar to the title held by Benismo Enterprtise and vest the property in National Housing Cooperation. The Director Land Admnistration to issue new allotment to the National Housing Cooperation Mombasa Block X111/418 Mombasa National Housing Cooperation , The Chief Land Registrar to the title held by Benismo Enterprtise and vest the property in National Housing Cooperation. • The Director Land Admnistration to issue new allotment to the National Housing Cooperation Mombasa Block X111/419 Mombasa National Housing Cooperation The Chief Land Registrar to the title held by Benismo Enterprtise and vest the property in National Housing Cooperation. The Director Land Admnistration to issue new allotment to the National Housing Cooperation Mombasa Block X111/420 Mombasa Nationa Housing Cooperation Ali Hsabshi Nassib The Chief Land Registrar to the title held by Benismo Enterprtise and vest the property in National Housing Cooperation. The Director Land Admnistration to issue new allotment to the National Housing Cooperation Mombasa Block X111/421 Mombasa National Housing Cooperation The Chief Land Registrar to the title held by Benismo Enterprtise and \Sest the property in National Housing Cooperation. The Director Land Administration to issue new allotment to the National Housing Cooperation Mombasa Block X111/429 Mombasa National Housing Cooperation The Chief Land Registrar to the title held by Benismo Enterprtise and vest the property in National Housing Cooperation. The Director Land Admnistration to issue new allotment to the National Housing Cooperation 15th February, 2019 Property Description Location Interested Parties Recommendation ().f the Commision Mombasa Block XIII/431 Mombasa National Housing Cooperation Raphael Livu The Chief Land Registrar to the title held by Benismo Enterprtise and vest the property in National Housing Cooperation. The Director Land Admnistration to issue new allotment to the National Housing Cooperation Mombasa Block X111/433 Mombasa National Housing Cooperation The Chief Land Registrar to the title held by Benismo Enterprtise and vest the property in National Housing Cooperation. The Director Land Admnistration to issue new allotment to the National Housing Cooperation 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. ABIGAEL MBAGAYA MUKOLWE, Vice-chairperson, National Land Commission.