Earlier this month a notice ran on local newspapers that the Cabinet Secretary for Lands has created a Taskforce to look into the current state of ownership of land and invasions by squatters in Mavoko, Machakos County. This Taskforce, which has opened an information collection office in the Deputy County Commissioner’s boardroom, invites those affected to submit their complaints and related documents by 6^th March. It will thereafter hold public hearings on notice. This Taskforce may also wish to take cognizance of the report of an earlier one that had been established by the Minister of State for Provincial Administration and Internal Security in July 2011 to investigate the irregular appropriation of public land and the squatter problem in Athi River District. The report makes helpful recommendations that were to be implemented in the immediate, medium and long-term. It’d look like the recommendations never were implemented; else we wouldn’t be embracing a near similar exercise today.

This column has previously echoed the matter of land invasions at Mavoko, highlighting the pain and frustrations landowners have had to bear. Many have lost out as invasions happened while they watched helplessly. Some people even established land buying companies and societies whose cover they used to systematically invade parcels of land under the pretext that they had been purchased and were available to members. The invaders moved into private land, and even public land, with callous abandon. From some of the recent media reports, it would appear that some of the perpetrators were eventually apprehended and charged and have cases running in court.

And just this week, some landowners recounted their frustrations following invasions of their land at the coast. From their accounts, one gets the impression that some of the beneficiaries from the land allocated in Waitiki farm decided to use invasions as a business. Reportedly, after receiving the Waitiki farm title deeds, they quickly sold out and moved on. Naturally, they moved over to the neighbouring land parcels. Since they are many and seemingly organised, they intimidated the legitimate land owners into silence and flight. One can almost bet that with time, these invaders will mobilise into an organised political voice and resist any attempts to evict them. And for local politicians, this will be a useful vote basket. So, regardless that they invaded, political voices will stand by them, making land use planning in the zone a nightmare. Ultimately, more state-landowner negotiations may have to be done to buy out the land to resettle the invaders. And this spurious cycle will just continue to benefit some at the expense of the public purse.

From where I sit, what irks is the rather laid back approach we seem to take in protecting land rights. Much as we have adequate constitutional and legal provisions to protect all categories of land, in reality, there is lethargy in our how we respond to organised invasions. We don’t treat land invasions with the urgency and firmness required. I am certain that most land owners who suffer land invasions in Mavoko, Likoni, Kwale, other parts of the Coast and in Nairobi quickly report to the police or local administration. But given that land matters, and proving pertinent ownership is an intricate process, most officers to whom such matters are reported prevaricate and postpone action. Of course some do get compromised and partisan in the process and just don’t take action even in the face of obvious evidence on ownership. Nothing frustrates legitimate land owners more!

As a result, many investors freak at the thought of setting up enterprises in some of the invasion hot spots. What with the risk of having to face out with groups that want to keep you in chief’s offices, police stations and courts at the expense of running an enterprise. The real estate market also takes a big beating in all such areas. No one takes properties offered for sale in such areas seriously. Trust becomes a difficult dividend to tout. So ultimately the state loses big, forced to compensate invaders who dig in or do with shunned prime investment zones. In cases like in Mavoko, the state too ends up diverting much needed public funds to pay for investigatory Taskforces on matters that could have been prevented upfront. On other sites, violent confrontations between fed up land owners and invaders ensue, with unnecessary loss of lives and destruction of property, which the state must address.

Forwards, we need to do better. Our policing agencies, along with the national government administration officials, need to be tasked and equipped to deal with invasions more promptly and conclusively. I particularly like the recommendation made by the 2011 Taskforce that we need to establish a rapid security squad under a reliable commander. Such a squad would be deployed rapidly to deter invasions countrywide. If such a unit had anchor and support at high level in the Security and Lands Ministries, invasions would be more easily prevented. And where prosecutions must be, these would be expedited.

Date: 23rd February, 2019