The National Assembly Committee on Lands, chaired by Hon. Joash Nyamoko, MP for North Mugirango, convened a meeting with key officials from the Ministry of Lands to discuss the ownership status of the Boyani Settlement Scheme in Kilifi County and the occupation of Vipingo land.
The committee members expressed their concerns over the lack of transparency and accountability in land transactions and called for immediate action to address the issues at hand.
During the session, Members of Parliament sought clarification on several matters, including the number of plots acquired by Mombasa Cement Ltd in the Boyani Settlement Scheme and the true owners of the scheme in Kilifi County.
They also inquired about the number of squatters currently occupying the Vipingo land.
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Responding to the queries, Mr. Zachariah Njeru, the CS for Lands, Public Works, Housing, and Urban Planning, informed the lawmakers that there were no records of plots directly acquired by Mombasa Cement Ltd in the Boyani Settlement Scheme.
However, he did acknowledge the presence of plots acquired by Venus Metal Developers, whose directors are linked to Mombasa Cement Ltd. These acquired parcels have caveats placed on them, totaling 85 in number.
Alarming revelations surfaced during the meeting, as Hon. Paul Katana, the Kaloneni MP, raised concerns that the entire Boyani Scheme had been fenced off, preventing beneficiaries from accessing their land.
He called for immediate action to revert the scheme to its original owners, emphasizing the coercion faced by the squatters.
Regarding the occupation of the Vipingo land, documents examined by the Committee revealed a surveyor’s report and a list of 223 owners of the Boyani Settlement Scheme.
However, the lack of proper records raised questions about the transparency and accountability of land transactions not only in the Boyani Settlement Scheme but also in other similar schemes.
Hon. Gideon Ochanda voiced his concerns, asking, “If the Ministry does not have records, who is expected to have them?” This glaring gap in documentation further highlighted the need for improved record-keeping practices within the Ministry and greater transparency in land transactions.
The Committee also discovered that squatters had illegally sold their land, complicating the situation even further.
Even if the land were to be returned to the squatters, resolving the issue of previous sales would prove challenging.
Hon. Jane Kihara, the Vice-Chair of the Committee, emphasized that the transfers were irregular and violated Section 6 of the Lands Act, which states that Settlement Scheme lands can only be transferred through succession.
In response to the concerns raised, the Ministry of Lands acknowledged its challenges in resolving the matter of squatters occupying the Vipingo land.
They explained that they were currently unable to allocate funds to visit the area and profile the squatters but planned to undertake this exercise in the upcoming financial year of 2023/24.
Furthermore, the Ministry clarified that its mandate ends with the issuance of title deeds to squatters, indicating a gap in policy regarding infrastructure development and socioeconomic support for the squatters to fully utilize the land.
Recognizing the need for comprehensive solutions, the Committee inquired about the Ministry’s programs to settle and support the scheme squatters, aiming to empower them to develop and utilize the land instead of resorting to selling it. The Ministry committed to exploring these issues further.
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