Land disputes are escalating in Kilifi County, Kenya, leaving hundreds of residents in precarious situations. Two separate incidents highlight the complexities and challenges of land ownership and squatter rights in the region.

In Madzimbani-Matangoni settlement scheme, Mariakani, approximately 50,000 residents are protesting a land tussle with an individual claiming ownership of the entire area. This large-scale dispute underscores the vulnerability of communities living in informal settlements and the potential for displacement.

A parallel situation is unfolding in Mtwapa, Kilifi County, where a group of squatters fears eviction by another group that allegedly obtained a consent order from a Malindi court. The contested 23.44-hectare (57.9-acre) piece of land, located near Jumba Ruins, was formerly owned by Jack Francis Paul, a white settler who left Kenya in 2000. Squatters have occupied the land, registered as MN/III/885 CR number 21309, since his departure.

The core of the Mtwapa dispute revolves around a consent order allegedly secured by Victor Kuto Marandu, Simon Alfred Lewa, Alice Musyoka, and Stephen Mwendwa Vandika, along with 240 others, against Jack Francis Paul in Environment and Land Cause No. 1 of 2021. This order, granted by Justice J. O. Olola on May 31, 2021, purportedly allocates the land to this group based on adverse possession – their occupation of the land for over 12 years.

However, another group of squatters is contesting the consent order, claiming they were excluded from the agreement despite residing on the same land. Hassan M’mbetsa, representing this second group and serving as secretary of a government-appointed task force on the land since 2010, asserts that the proceedings in the Malindi court were not disclosed to all squatters. He plans to challenge the consent order in court, citing material non-disclosure and misrepresentation of facts.

M’mbetsa highlights that the consent order grants authority only to Marandu, Lewa, Musyoka, and Vandika, without the consent of approximately 500 other squatters on the land. Investigations at the Mombasa land registry, aided by a National Land Commission (NLC) officer, revealed that the land was vested in these four individuals through the consent order, but supporting documents confirming their ownership are lacking, necessitating a review.

A key point of contention is the whereabouts of Jack Francis Paul. Squatters question how his lawyer obtained his consent for the Malindi court proceedings, given that Paul's location has been unknown since he left Kenya in 2000. M’mbetsa has called on the Directorate of Criminal Investigations (DCI) and other government agencies to investigate the circumstances surrounding the consent order, especially as the NLC and Kilifi County Government have expressed willingness to settle all squatters on the land.

Records from the Malindi Deputy High Court Registrar confirm the authenticity of the consent order, registered on June 9, 2021. In a letter to the Mombasa Registrar of Titles, the Deputy High Court Registrar affirmed that the consent order, dated May 31, 2021, was genuinely issued by the court.

These land disputes in Kilifi County underscore the urgent need for transparent and inclusive land management processes. The plight of thousands of residents hangs in the balance as they navigate complex legal and administrative hurdles to secure their rights to land they have occupied for years.