Nation cartoonist Igah aptly captured my worries on the recent beneficiaries to Waitiki farm! Even before President Uhuru’s return flight landed after issuing titles, some beneficiaries were hastily erecting land sale boards on their parcels, Igah’s cartoon illustrated. The concern, which could turn true, should inform political leaders and the local land administration officials. Left free, several of the beneficiaries will enter into agreements with buyers who will quickly settle the Ksh182, 000 loans against the parcels to open room for quick sales.

Waitiki beneficiaries should avoid unwarranted land sales

Alone or in cahoots with family, beneficiaries will then easily spend the sale proceeds. With no money and no land, they’ll move on and naturally squat on the next available open public or private land, erect makeshift shelters then reach out to local politicians for support for resettlement. In big numbers, such speculative invaders will easily manipulate aspiring candidates for support during subsequent political contests hence igniting fresh pressure for county and national governments. This has happened in earlier settlement schemes and could happen with Waitiki farm. Waitiki may be the choice destination for suave brokers, conmen and deep pocket real estate speculators for the next one year. The beneficiaries must therefore try and resist the trend while government officials should remain on alert. The Land Act contains enabling provisions.

Genesis of Waitiki land crisis

But it helps to revisit the genesis to the Waitiki crisis and the lessons it portends. From records, Waitiki farm was invaded by groups of speculative settlers in the late 1990’s and before the owner could counter, they erected shelters and settled. Since then, numbers swelled, making this section of Likoni one of the most heavily settled parts of South Coast. Actions by the owner to reclaim the land through executive and judicial interventions failed. Faced by the big numbers, the local police bosses couldn’t implement any of the issued eviction orders. Such an exercise would have precipitated severe security and political consequences. With time, Waitiki farm became a flush point for Mombasa politics, with contestants spewing heavy political rhetoric and opportunistic promises whenever elections approached. This continued for close to two decades. Since the invasion was sporadic and the settlements adhoc, planning standards, including the provision of necessary service infrastructure and levying of land rates, were severely compromised. If these were to be countered, then the situation made a compelling case for state intervention.

Kenya must learn lessons but prevent land invasions

But any such state intervention had to be carefully thought out, lest it sent lessons that land invasion pays. I suspect this could have been the reason that the previous two governments hesitated to resolve the matter. However, continued state dithering provided perfect environment for continued opportunistic politics and vice. Demonstrations on account of anticipated evictions continued to undermine peace and security around this critical periphery of Mombasa City. The problem had slowly morphed from an ordinary land invasion one to a high octane negative politics and insecurity one. It compelled state intervention. This has now been done. The previous land owner expects to be paid and the occupiers now have legitimate ownership documents. It’s expected that this part of Likoni will henceforth focus on growth and development. Moreover, the county government can now hold the respective plot owners accountable, provide them with basic services and draw the much needed land revenue. It’s a win-win result for all…….the state, the previous land owner, planning authorities and the residents.

Land invasions illegal

But the result, analysed against our constitutional and legal framework, poses hard questions. It sets a regrettable precedent that the government and its enforcement agencies must resist and prevent forwards. Article forty of our constitution provides protection to private property rights while the Land Act, in its section seven, provides an elaborate statement on how title to land can be acquired in Kenya. Invasion isn’t one. Besides being a threat to security, land invasions are a threat to peaceable land holding and business. The Coastal belt and Nairobi County, which are critical windows to our global profile, are particularly vulnerable to invasions. This newspaper has in the past reported a number of real or attempted invasions. It was encouraging that law enforcement officers moved swiftly to deter the recent attempt to invade private land in Kilifi. This is the way to go. Cases reported in various parts of Nairobi must also be revisited and invaders flushed out to cultivate confidence in private ownership. And like they did for Waitiki farm, the Lands Ministry and the Land Commission should continue to demonstrate common purpose in this regard.