Hearing begins after almost 6 years of delay

Mombasa High Court has begun hearing of a landmark case in which more than 3,000 squatters claiming ownership of a 55 acre freehold land in Bamburi sued private developers over alleged land grabbing and illegal evictions.

The squatters accuse the private developers including Bamburi Wananchi Sacco Ltd, Khatiby Co. Ltd and an Asian Family Guraut Singh Kandola among others of grabbing the plot situated at Utange , Bamburi  which they claim to have lived in for the last 20 years and belongs to their ancestors.

Through their lawyers William Kenga of Kenya & Company Advocates and Omondi Okanga of Okanga & Advocates , the squatters led by Stephen Safari questioned the authenticity of sale documents including sub titles allegedly issued to the private developers particularly those for Bamburi Wananchi Sacco ltd and Khatiby Group of Companies ltd.

Several documents produced in Court showed dubious dealings that left the squatters more vulnerable and exposed to illegal and forceful evictions that saw a number of them being arrested and charged in court for alleged trespassing, according to Kenga.

Bamburi Sacco in their affidavits before the court, claimed to have bought a fraction of the freehold land in 1982 from the late Guraut Singh Kandola, an Asian investor also accused of grabbing the property and illegally selling it.

During a cross examination in court on Wednesday, Bamburi Wananchi Sacco Secretary Madam Cherono could not produce a certificate of transfer neither was she able to produce a sale agreement for the land purchase to prove their alleged ownership.

Madam Cherono confirmed to the court that Bamburi Sacco bought the land at 1.8 million shillings which was not registered in the Sacco name but in names of individual members in a bid to reduce costs of transferring the property.

She also confirmed to the court that the Sacco without a court order forcefully and illegally used goons to evict Steven Safari, the complainant and squatter from the land by demolishing his permanent house.

Justice Lucas Leperes Naikuni hearing the case had to intervene several times on Madam Cherono after lawyers representing the squatters raised issues of authenticity of the sale and transfer documents availed before the court.

Lawyer Kenga questioned the authenticity of land titles and transfer letters and a stamp duty claimed to be from Mombasa land office, since another of the documents had no specific date of approval.

Kenga also questioned how the Sacco paid stamp duty of 85,000 shillings for the land two years even before the land could be transferred to them.

Court documents showed Bamburi Sacco paid stamp duty in October 19, 1987 while the land transfer was done in August 17, 1989.

The squatters seeking for advance possession of the 55 acre land according to court documents want all titles issued illegally to the private developers to be revoked and land given back to them for sub divisions.

The hearing of the case which resumed this week after almost 6 years of delay continues before Justice Naikuni with four more witnesses including a Mombasa land Surveyor, expected to testify next week.