Over 2,000 residents of Manda Island in Lamu County have taken legal action to be enjoined in a dispute over 1,000 acres of land they claim is rightfully theirs. The aggrieved community, comprising mostly fishermen and long-time residents, filed a certificate of urgency at Nairobi’s Milimani Law Courts, seeking recognition as interested parties in an ongoing case filed by businessman Alex Njage.
The residents, through their legal representatives Danstan Omari and Matina Swiga, argue that they have legitimate ownership claims to the contested land. They are challenging orders that previously favored businessman Alex Githinji, who asserts he lawfully acquired the property. The case has sparked a heated debate over land ownership and justice in the region, as the community seeks to overturn ex parte orders granted to Githinji.
Allegations of Collusion
In court documents, the residents allege that Goodson Nine Limited and Goodson Fifty Three Limited, companies linked to the businessman, colluded to unlawfully take over their land. They claim these entities acted in bad faith, undermining the rights of the locals who have lived and worked on the land for generations.
Danstan Omari, the residents’ lead counsel, expressed their frustration with the legal proceedings, arguing that the court orders issued without their involvement violated the principles of natural justice. “We seek to ensure that the voices of the residents, who are the rightful owners of this land, are heard,” said Omari.
The application further requests that the case be transferred to Malindi High Court, which has jurisdiction over the Lamu area. The residents contend that this move would facilitate a fair hearing closer to their locality, sparing them the burden of frequent travel to Nairobi.
The Businessman’s Defense
Alex Githinji, the businessman at the center of the controversy, maintains that his acquisition of the land followed due diligence. According to court filings, Githinji asserts that he purchased the property from Abdilah Farah Haji, whom he claims had clear title to the land. Githinji’s legal team has dismissed the residents’ claims as baseless, emphasizing that the transfer of ownership was above board.
“We followed all legal processes and have documentation to prove the legitimacy of the transaction,” said Githinji. His team argues that the court orders in his favor were rightly issued and should not be set aside without compelling evidence.
The Residents’ Plea
The fishermen and residents of Manda Island, many of whom depend on the disputed land for their livelihood, are urging the court to intervene and prevent what they view as an unjust takeover. They believe that their exclusion from the case thus far has compromised their ability to defend their claims.
“We have lived on this land for decades, fishing and farming to support our families,” said one of the residents, emphasizing the importance of the land to their community. “This is not just a piece of property; it’s our heritage.”
Awaiting Court Decision
The Milimani Law Courts are set to determine whether the residents will be enjoined in the case and if the orders issued in favor of Githinji will be reviewed. The ruling is anticipated to have significant implications for the ongoing legal battle and the broader issue of land rights in Lamu County.
This dispute highlights the complexities of land ownership in Kenya, particularly in regions like Lamu where historical injustices and unclear titling have left many vulnerable to displacement. As the case unfolds, the residents of Manda Island remain hopeful that justice will prevail, ensuring their rights are protected.
The outcome of this case is keenly awaited by all parties involved, with the potential to set a precedent for resolving land disputes in the region.
