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By Munira Ali Omar 

Behind the Affordable Housing plan,
Lies the Tale of an illicit plan,
Promises made of grand dreams,
Yet underneath, a dark scheme,
Planned with greed in mind,
To profit from the hustlers & the vulnerable kind.

Affordable Houses built on impunity,
Leaving many without dignity,
Development devoid of humanity,
Development devoid of order,
And disrespect for court orders,
Causing illegal evictions & disorders.

Houses Built on lies and theft of public land,
Oh, Illegal Affordable Housing Plan,
A plan so Grand,
That appeared promising at first glance,
To steal Public Land,
And to commit Economic Crimes.

A narrative of lies,
Meant to prey on hustlers who tirelessly grind,
Who struggle to find a humble abode,
But now find themselves trapped in this deceitful code.

Every hustler must own a house,
The president so declared,
His vision so grand,
To favour the rich,
And not the hustlers in need.

A plan to enhance decency among the hustlers,
So the president said,
A narrative of lies,
The hustlers decry.

Hopes demolished & hustlers traumatized,
And further, they are marginalized.
Profit-driven Agenda,
In the name of progress,
Leaving the hustlers homeless.

Behind the Ambitious Housing Plan,
Inequality lies,
Leaving hustlers with nowhere to reside,
Executive policies,
Working for the colonial masters,
Instead of hustlers.

Law of the land trampled & aspirations crushed,
Housing For Who? Haki Yetu Asks,
Housing at what cost?
The questions, they ask,
Their cause, so just.

To exacerbate inequality,
Rather than alleviate poverty,
In the corridors of power, decisions were made,
Challenging the system, is what remains,
In the corridors of justice, A​nti-Utu policies must be changed.

(This work was originally published byThe Platform Magazine)

Author: Munira Ali Omar-Program Officer, Land & Urban Development

It all began with the contentious lease held by the late Velji Parbat, a leaseholder whose claim over a parcel of land in Kidomaya had sparked years of uncertainty and legal battles. The lease, which had expired years ago according to the National Land Commission (NLC), was at the heart of the community’s grievances.

Despite numerous attempts by Haki Yetu to highlight the expiry of the lease and discrepancies in title documents, the County Government of Kwale remained unresponsive. Frustrated by years of stalled adjudication efforts and broken promises by the Kwale County Government and following numerous engagements with the Miungoni community for several years, in March 2023 Haki Yetu assisted the community in packaging a petition for submission to the National Assembly through their area member of parliament.

The petition was committed to the Public Petitions Committee in August 2023 and was to be heard before 15^th November 2023. However, the same did not materialize and reasons were not given. We thus pressed the National Assembly and the Member of Parliament to inquire into the status and eventually the National Assembly Public Petitions Committee took action.

In a significant milestone, the hearing was held in Miungoni village, Vanga Ward, Lungalunga Sub-County and was attended by members of the National Assembly Public Petitions Committee and officials from Kwale County Government led by the County Executive Committee Member for Lands.

Hearing by the National Assembly Public Petitions Committee

The hearing conducted by the National Assembly Public Petitions Committee marked a significant turning point for the community. Led by their chairperson Mr. Hassan Mwambegha and spokesperson Mr. Omar Juma Ngazi, they painted a grim picture of the longstanding land issues that have deeply affected their lives. These issues included protracted disputes over land ownership, prolonged delays in adjudication processes, ongoing intimidation, coercion and harassment by the local administration. The hearing provided a platform for these grievances to be heard and addressed at a national level, highlighting the severe impact these issues have had on the community’s well-being and livelihoods.

For the first time, the Kwale County Executive Committee Member for Lands appeared before the committee and acknowledged that the lease had indeed expired and also disputed the authenticity of the titles in Parbat’s possession.

“The court order given in 2015 was very clear that the allottee/lessee should go back to the National Land Commission to request that the renewal process to start again, the court order did not give the allotee permission to go to the Ministry of Lands to acquire fake titles.” The Kwale CECM for Lands said.

The National Land Commission also reaffirmed that the land had reverted to Kwale County Government following the expiration of the lease thus bolstering the community’s claims.

The National Land Commission also confirmed that the land had reverted to Kwale County Government following the expiration of the lease.

Haki Yetu’s participation in the hearing

Armed with evidence that the County had allocated funds for demarcation and surveying in the 2017/2018 budget-a commitment that was never fulfilled, we repeatedly raised this issue with the Kwale County Government over the years without receiving a satisfactory explanation. However, during the hearing of the petition, the Kwale County Executive Committee Member (CECM) responded to our concerns by falsely stating to the committee that the allocated budget of Three Million was not used as intended because the County had initiated legal proceedings against the leaseholder yet according to her, the suit was instituted in 2022 which contradicted her earlier statement. This revelation exposed the discrepancy between the County’s promises and actions, highlighting the community’s legitimate expectations and underscoring their plea for official recognition of their land interests. It emphasized the longstanding challenges faced by the community regarding land ownership and the need for transparent and accountable governance in resolving these issues.

In a significant move, the Public Petitions Committee took decisive action. It resolved to compel the “leaseholder” to appear and address the committee regarding the disputed titles. It also resolved to summon the Registrar of Titles of Mombasa to explain how the “leaseholder” acquired the fake certificate of titles and to determine the authenticity of the same.

The committee also directed Haki Yetu and the National Land Commission to make detailed written submissions regarding the land question. In addition, the committee mandated a fresh enumeration to identify the true residents of Miungoni, aiming for clarity amidst the contentious land ownership issues.

The session not only highlighted bureaucratic failures and legal loopholes but also underscored the power of community mobilization and advocacy. With heightened awareness and engagement on land rights, more residents of Miungoni became actively involved in the cause, attending the hearing and advocating for their rightful claims.

As the session concluded, there was a sense of hope among the Miungoni community. Optimism filled the air buoyed by the belief that the Committee’s recommendations would pave the way for a fair and just resolution thus bringing the much-needed relief to a community embroiled in uncertainty and land injustices.

In the weeks following the hearing, as stakeholders prepared their submissions and as the community is anxiously waiting for the National Assembly’s determination, the journey towards securing the land rights of Miungoni community continues.

The petition was profiled in the following media:

• http://www.parliament.go.ke/node/21599
• https://twitter.com/NACommitteeKE/status/1767517256345321907
• https://twitter.com/NACommitteeKE/status/1767518157885866082

Author: Munira Ali Omar-Program Officer, Land & Urban Development

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