Win for squatters as Sh12bn forest in Kiambu degazetted

The National Land Commission (NLC) has ordered that a Sh12 billion forest in Kiambu be degazzeted and the 419-acre piece be shared among squatters.

The land — known as Kamiti/Anmer — has been the subject of a 23-year row between the Kenya Forest Service (KFS) and the squatters.

KFS wanted the squatters who have been living on the land since it was gazetted as a forest evicted.

On the other hand, Kamiti Anmer Development Association (Kada), Muungano wa Kamiti Society, Kamiti Forest Squatters Association and Kamiti Anmer Squatters Welfare have laid claim to the land.

They argue that it was allocated to them by retired President Daniel arap Moi in the 1990s, but the forest was neither degazetted nor title deeds issued.

President Moi, they say, gave them the land during a visit to Kiambu. He directed the Lands ministry to execute the order. Kenya Forest Service disputes the claim.

On February 21, last year, Thika Environment and Land Court judge Lucy Gacheru, who is hearing a  case in which NLC joined as an interested party, issued interim orders directing Kenya Forest Service not to interfere with the land until the case is determined.

“Each party in occupation of the suit property to remain in the current portion they are occupying without interference. KFS not to interfere with the parties of the land portion and no new occupation and permanent structures in the suit property,” read part of the court order.

Before NLC issued its verdict, the court had said that it would, on July 3, make a ruling on whether KFS will be allowed to evict the squatters from the disputed parcel of land, pending the hearing and determination of the case.

NLC appears to give credence to the claims by the Kamiti Anmer Development Association that it is the rightful owner of the land.

“The claim by squatters (to have the land degazetted) is allowed. The allotment letters issued by members of the second claimant (Kamiti Anmer Development Association) are found to be valid and therefore the rightful occupants of the subject land,” reads the gazette notice by the commission, which also toured the land in 2015.

NLC, however, directed Kamiti Anmer Development Association and squatters to adopt alternative dispute resolution mechanisms, saying, the land should be partly redistributed to the squatters, who have been laying claim to the parcel through the various groupings.

Mr PMG Kamau, an official of Kamiti Anmer, says President Moi announced that the land be given to the squatters and that then Environment minister John Sambu, Lands minister Jackson Mulinge, Lands Commissioner Wilson Gachanja and Provincial Commissioner Victor Musoga should implement the directive.

Mr Kamau, who was Kiambu County Council clerk then and served as the secretary to the committee involved in the allocation, said a section of the beneficiaries even got title deeds.

“The history is there as to who was given the land. The police should investigate who are the genuine allottees to end the row,” Mr Kamau said, adding that the only thing that has been pending is the degazettement of the land.

Kamiti Development Association chairman Kinyanjui Macharia said Mr Moi made the announcement during a visit to the controversial Mbo-I Kamiti Land Company and directed the Lands ministry to ensure the order is followed.

According to Mr Kinyajui, the 1,400 beneficiaries were picked from all locations in Kiambu district.

“The process was approved by the County Council of Kiambu, the lands office and the Forest department. The land was then cleared, demarcated and allotment letters prepared before the process was abruptly stopped,” Mr Kinyanjui said.

He added that his team established a public primary school, a cemetery, government-funded water projects and was in the process of constructing a stadium on the farm.

Muungano Wa Kamiti Society officials have been claiming that the land was allocated to them in 1994 after a request by former Githunguri MP Arthur Magugu on their behalf. Mr Magugu has since died.

In November last year, the National Assembly Committee on Lands visited the disputed parcel following a petition filed by one the groupings seeking the House intervention to have the land, which is 70 per cent occupied, degazetted.

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