[Source: Daily Nation, by Mohamed Ahmed]
The National Land Commission (NLC) has ordered that Wasini Island land worth Sh1.3 billion be returned to the Saggaf family and 63 acres on Funzi Island that was in the hands of tycoon Alessandro Torriani be given back to 83-year-old Hamisi Mwatende.
After a survey, the NLC said that the Saggaf family should be given 289 acres of land.
In a March 1 gazette notice, the NLC upheld a court decision which directed that the land be given to the family.
“The Chief Land Registrar to revoke any titles on land as per the court order and restore ownership to Saggaf family and issue appropriate ownership documents to the family,” NLC said in the notice.
The High Court sitting in Mombasa in 1995 had ruled in favour of the family.
In a April 11, 1997 gazette notice the court cancelled title deeds issued to parties other than the Saggaf family. Despite the orders the family has been locked out of the land by what it described as a cartel.
In its recommendation, the NLC urged the family to use the alternative dispute resolution model to settle the squatter issue.
Earlier, during investigations on the matter, the commission had admitted that an injustice had been visited on the Saggaf family.
The family had presented documents confirming that they owned the land, originally known as Plot Number W33/Kwale/Wasini. The patriarch is 99-year-old Saggaf Alawy. His children — Hassan Nassir, Muhammad Nassir and Ahmed Nassir — inherited the land.
Meanwhile, on Funzi Island, Mr Mwatende, whom the commission said is the sole owner of 63 acres claimed by tycoon Torriani, has been living in a makuti (palm) thatched house as a squatter.
The 82-year-old was living on his land in squalor despite having documents showing that he is the owner of plot L.R. No. KWL/FUNZI/64. The NLC recommended that the land be reverted to him.
The commission further directed the Chief Land Registrar to prepare ownership documents for the elderly man.
According to the gazette notice, those claiming ownership of Mr Mwatende’s land were Mr James Gakunya Kahiu, Mr Daniel Kibuka Gikonyo, Mr Frank Gitau Njenga, Mr Lawrence Kinyanjui Gitau and Ms Betty Muthoni Gikonyo, who NLC described as “prominent people”.
During a previous sitting in Mombasa, the agency said it was not clear how the land was transferred to the aforementioned individuals and later to the Italian businessman.
[Full article on: Daily Nation, by Mohamed Ahmed]
