By S, KNA
Squatter communities in Mombasa have urged the government to strengthen the use of the Alternative Justice System (AJS) to resolve long-running land disputes, citing absentee landlords, missing land records, and delays in funding as major obstacles.
Speaking during a sensitisation on AJS Haki Yetu Organisation, Lands and Governance Officer, John Paul Obonyo, said residents from Mwakirunge, Likoni, Mleji, and Junda have engaged with AJS under Article 159(2) of the Constitution but face challenges in securing tenure.
“For the past three years, some communities have pursued cases through the National Land Commission under historical land injustices, but the results are still pending. We have also experienced missing files at land offices, which complicates the process since many landlords do not pay land rates,” Obonyo stated.
He raised concerns over the Sh50 million Ardhi Fund allocation by the County Government that was intended to buy land from absentee landlords, noting that no account had been opened to operationalise it despite provisions under the Public Finance Management Act.
“Committees have shown interest in the Ardhi Fund, yet there is no transparency. We want the fund team to reach out to communities as partners so that the money benefits those affected,” he added.
Obonyo acknowledged the national government’s allocation of Sh3.8 billion in the 2025–2026 financial year to settle the landless but questioned the criteria for identifying beneficiaries.
He noted that while title deeds had been issued in areas such as Miritini and Chaani, the process was financed by the World Bank rather than government resources.
Residents also shared their experiences. Pastor Simon Wamalwa from Junda, Kisauni Sub- County, said he had occupied land for 15 years without resolution since the landlord’s heirs declined negotiations.
“We have sought help from the National Land Commission for eight years, but files cannot be traced despite government assurances of digitised records,” he said, urging Members of Parliament to take up the matter.
From Likoni, Mwanahawa Omar of Mwatasalafu Ward said residents had stopped paying ground rates after discovering large debts linked to their private landowners.
“We wanted the landlords to engage with us, but they remained silent. Our appeal is for the government to fully implement the Ardhi Fund so that communities benefit,” she explained.
The Vice Chair of Former Buxton residents, John Tsuma, criticised recent evictions in Buxton, Tudor, Mandizini, and Kiziwi, saying the county should prioritise alternative settlements.
“Affordable housing projects were meant to assist low-income families, so displacing them defeats the purpose. We urge the government to honour its promise to resettle Buxton residents in the new housing units,” he said.