KENYA: LAND AND WATER SECURITY IN MOMBASA ARCHDIOCESE

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Colleagues Home & Abroad Regional News

BY DAVID KOBIA SIMON
WUNDANYI-TAITATA TAVETA
WEDNESDAY, JULY 27, 2011
TAKE-2

Coast province is rated as one of the very sensitive regions in Kenya as far as the issue of land is concerned. According to government sources, Coast Province – in which the Catholic Archdiocese of Mombasa is located, has the highest number of landless people in the country.

Coastal land was previously owned by the Persians Arab Sultans and British. It was only much later handed over to the Government of Kenya. The squatter problem escalated due to rising populations, increased demand for land, and the non restriction of land ownership in the country. A presidential directive to regularize Coastal squatters on Government land was first issued in 1978. Since then, there have been concerted efforts to establish regional settlement schemes.

From the period of colonialism, Kenya has been grappling with the land question which subsequent government regimes have been unable to or unwilling to resolve. The land question has manifested itself in many ways including fragmentation, breakdown in land administration, disparities in land ownership and poverty.

This has resulted in environmental, social, economic and political problems including deterioration in land quality, squatting and landlessness, disinheritance of some groups and individuals, urban squalor, underutilization and abandonment of agricultural land, tenure insecurity and conflict.

In its pastoral and development mission, the Catholic Archdiocese of Mombasa virtually covers 9 administrative districts of the province and makes day to day interactions with huge populations seriously affected by land problems in the region. Many people in this region remain landless (and squatters) yet it is a critical asset to the economic, social and cultural development.

In Taveta deanery for instance, it was estimated that close to 40 percent of the population in Taveta district comprises of squatters found in clusters of close to 100 households in different parts of the large-scale farms some of which have been in dispute for a long period of time.

This has significantly contributed to increased levels of poverty and its subsequent effects in many sections of the community. The nature of colonial and neo colonial experience in coast can only be understood through the contradictory and multiple functions and conflicts that land generates.

The prevailing situation in the 10 mile Coastal strip is that land occupied by the indigenous Kenyans are still held under communal customary tenure as most of the land have not been adjudicated to determine the individual land rights. Areas which have been adjudicated under the Land Titles Act, have legal individual tenure except that most of the Landlords are absentee landlords.

It is estimated that absentee landlords at the coast own over 77, 753. 02 hectares of land in the deaneries covered by the Catholic Archdiocese of Mombasa, it is estimated that absentee landlords own a total of 77, 519 hectares. Squatters who believe they have the right of ownership as they have lived in these localities from time immemorial occupy these parcels.

Even though the Government has recently acquired a few of the farms and converted them to settlement schemes, such as Mtondia Roka and Shimba Hills, land tenure issues at the coast still remains one of the most sensitive issues as locals feel they were cheated at the time of adjudication in 1908. The land occupied by the indigenous Kenyans were not adjudicated as private property, but were alienated as crown land.

Although agriculture is the highest income in Kenya, many people in coast province are virtually denied the chance to practice it because they literally have no piece of land that they can legally claim as theirs. In extreme cases, it has even led to lose of lives.

The most urbanised part of Coast Province is the Mombasa metropolitan area. For example the overall growth of population in the Nyali-Bamburi-Shanzu area has resulted in rapid urbanisation. Large numbers of people seeking employment opportunities are moving into the area between the main road and the beach, as well as the surrounding areas.

Roads and other infrastructure development are not keeping pace with increasing development in the north coast, causing severe shortages of potable water and power. Moreover, hotels continue to develop in plots landward of the original beach hotels and are beginning to encroach on existing residential areas.

This situation is complicated by an unpredictable influx and temporary settlement of refugees, creating huge demands on the meagre public facilities and degradation of the local environment. Although there is a land use plan for the area, administered by the Municipal Council of Mombasa, development has not adhered to the plan.

Increasing commercial and residential development, urbanisation pressures and uncontrolled land use changes have placed a significant strain on existing services and infrastructure in the area. Trends suggest increasing growth of many sectors within the area, all of which will exacerbate the public service and infrastructure problems already being experienced.

The Kenya coast however, has played an important role for over 2,000 years in East Africa when merchants sailed from Arabia in search of gold, spices, ivory and other goods. Dating back to the seventh century, Arabs settled on the coast, and built trading centres and settlements along it.

The Portuguese had established trading posts along the coast since 1498 but were driven out in 1790 by the Arabs. Although many settlements have retained prominent facets of Arab culture, the coastal area has progressively integrated the distinct races of African, Asian, European and Arab people.

Because of its long history of human activity, Kenya’s coast has an estimated 70 significant historical sites and monuments. Out of these, 58 have been designated as National Monuments and Reserves.

These historical sites and monuments include isolated ruins of houses, mosques, tombs, townships – example, Gede Ruins – and fortified areas such as Fort Jesus. They also include monuments like the Vasco da Gama pillar at Malindi, and urban areas of historical and architectural importance, such as Mombasa Old Town.

Kenya’s coastline has about 53,000 hectares of mangroves in nine species, occuring mostly in creeks, bays and estuaries. Some villages still exploit mangroves for their wood both for commercial sale and subsistence use.

Depending on the size class, mangroves are harvested for their wood both for commercial sale and subsistence use. Mangrove wood can be used for building purposes, firewood or making charcoal.

A significant proportion of coast province land is contained in national parks, especially at Malindi, Watamu, Mpunguti and Kisite. Tsavo is the oldest, best known and largest. The 13,686 km2 of Tsavo in the province takes up a large chunk (about 66 percent) of Taita District and a small portion of Tana River District. This has resulted in acute land shortage in Taita, with a high population concentration in the Voi-Wundanyi corridor and another one in Taveta.

The coastal areas contain important coastal lowland forests which support a high diversity of flora and fauna. These resources are important parts of the coastal ecosystem and also provide additional tourist destinations. The Kaya Forests of the Kenya coast are relic patches of the once very extensive lowland forest of East Africa.

Today these forests are protected as sacred places and are still historically used by Mijikenda elders for prayer purposes and other ceremonies. These forests are being protected by the National Museums of Kenya as Forest Reserves, especially in the Kwale and Kilifi districts. However, many of these Kayas have been thinned out and are in danger of being lost completely.

The Miji Kenda, the dominant African tribe of the coast apart from the Taita, initially settled by the seashore. They were gradually pushed further inland to pave the way for Arab settlements. The term Miji Kenda describes the settlement pattern, which was based on the nine sub tribes of the people. They settled in nine fortress villages, one for each of their tribes. Inside the fortress villages, which were located in forests with only one exit, crop farming thrived.

The Kenya Coast was recently engulfed in violence emanating from Likoni (Mombasa District) and spreading to Kwale District. This violence lasted about two months, claiming the lives of many and shattering an important sector of Kenya’s economy.

The attackers raided the predominantly Luo slum of Maweni in Kongowea, Mombasa. Ujamaa and Shika Adabu villages were also invaded. This called for the scouring of the Simuani caves, Kaya Waa and Kaya Bombo forests where 10 members of the gang were arrested by Administration police and General Service Unit personnel.

Over the next few days, as the violence moved on north to Mtwapa, and the death toll increased, people continued taking refuge at the Likoni Catholic Church where the Kenya Red Cross Society extended aid. Some of the 69 suspects already arrested started appearing in court.

A Mombasa politician Emmanuel Karisa Maitha was in 1997 arrested in connection with the violence as bloodshed spilled over to Kwale in the South and Kilifi District in the North. By this time, the pressure exerted on the government by opposition leaders, lobby groups and religious leaders was so great that a high level security meeting was held to draw up new strategies to counter the violence.

The violence continued as is depicted by a stampede at the church when unknown people lobbed stones into the area. By then, the death toll had risen to 36 and destruction of property continued as 400 waterfront kiosks were brought down to ashes in Malindi. By 20/8/97, the number of suspects in police custody stood at 309 including Mr. Omar Masumbuko (East African Standard August 21st 1997).

David is a Catholic Archdiocese of Mombasa coordinator

People for Peace in Africa (PPA)
P O Box 14877
Nairobi
00800, Westlands
Kenya

Tel 254-20-4441372
Website: www.peopleforpeaceafrica.org

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