The Malindi high court has ordered the Ministry of Lands officials not to reduce any acreage of land which was allocated to 177 squatters at Kidutani in Mtwapa, Kilifi county, during a fresh adjudication they had opposed.
Justice Mwangi Njoroge also ordered the committee to handle the fresh settlement of squatters in the area to go despite opposition from the squatters.
The squatters led by Rumba Matano Beja went to court in 2022 seeking orders to stop the government from forming a fresh committee to process the settlement of land in the area. "A strange twist of events, this court has found that though the petitioner rights have been violated or to be under threat, the bulk of the prayers sought cannot be issued," said justice Njoroge.
The petitioners argued that since the land had already been adjudicated in 1980, there was no need to do the same as they had already been allocated the land They applied for injunction against fresh adjudication the government wanted but Justice Njoroge in his judgement said he could not stop formation of a fresh land adjudication on plot as this could result in endless land squabble in the area. The judge however ordered that during the fresh demarcation required by the government, the land for the squatters in question will remain the same as in 1980 land adjudication. "The adjudication on this land will apply to the 177 plots including the public utility which were demarcated in 1980 under stalled 1980 settlements process," said Justice Njoroge.
