1,300 Kilifi Families Secure Land Ownership After 12-Year Court Battle

By Ben Okweingoti 

More than 1,300 families in Ganda Ward, Malindi Sub-County, have finally secured legal ownership of the land they have occupied for decades, bringing an end to a 12-year court battle that had left them living in fear of eviction.

The families, who reside on a 327.8-acre parcel of land in Mtakatieni Village, Kijiwetanga area, celebrated the issuance of a mother title deed after the courts ruled in their favor under the doctrine of adverse possession.

The landmark ruling declared the residents the rightful owners of the land, citing their continuous occupation of the property for more than 20 years despite claims by alleged absentee landlords.

Speaking during a ceremony to hand over the mother title deed, Mtakatieni Kijiwetanga Community-Based Organization (CBO) Chairman Fani Randani described the victory as a life-changing moment for hundreds of families who had endured years of uncertainty and intimidation.

“We lived in constant fear of eviction and harassment. Alleged landowners would occasionally appear, sometimes accompanied by police officers, and threaten to remove us from the land. Through unity, we formed the Mtakatieni Kijiwetanga CBO and sought legal redress. The journey has been long and difficult, but today we finally have the mother title,” said Randani.

He noted that pursuing the case required immense sacrifice from community members, many of whom contributed what little they could afford to cover legal fees, land searches, and travel expenses to government offices in Mombasa and Nairobi.

According to Randani, support from local leaders played a crucial role in the successful outcome of the case. He particularly credited Ganda Ward Member of County Assembly (MCA) Oscar Wanje for championing the residents' cause and facilitating the final stages of the land ownership process.

The community is now preparing for the subdivision of the land to enable individual families to receive their own title deeds.

“Surveyors are already on the ground carrying out mapping exercises in readiness for subdivision. I urge all members to cooperate fully so that the process can be completed smoothly and within the shortest time possible,” Randani said.

He further encouraged other squatters across the region to embrace legal avenues such as adverse possession to secure ownership of disputed land.

The CBO chairman also welcomed a proposal by MCA Wanje seeking the establishment of a Squatter Land Resettlement Fund in Kilifi County. The proposed fund would help vulnerable communities meet the legal and administrative costs associated with obtaining land ownership documents.

Wanje said the fund would complement efforts by the national government to address the long-standing squatter problem in the coastal region.

“The law is clear. Under the provisions governing adverse possession, individuals who have occupied land continuously for more than 12 years can seek ownership through the courts. However, many squatters lack the financial resources needed to pursue such cases. The proposed fund would help bridge that gap,” he said.

The MCA added that in some instances, absentee landowners are willing to sell disputed land, but squatters are unable to raise the required funds. He argued that a county-backed fund could facilitate such purchases and accelerate land ownership solutions.

Wanje noted that the 1,300 registered families in the Mtakatieni/Kijiwetanga CBO represent more than 5,000 residents who are now on the path to becoming legitimate landowners.

“These families have successfully overcome the challenges associated with landlessness and will now enjoy the security that comes with legal ownership. The squatter issue has persisted for years, partly because it has often been politicized instead of being addressed through practical solutions,” he said.

The development comes amid renewed government efforts to tackle historical land injustices at the Coast. During a recent visit to Kilifi County, President announced that the government had set aside Sh3 billion to purchase land for the resettlement of squatters across the country.

For the families of Mtakatieni, the title deed marks the end of a long struggle and the beginning of a new chapter defined by security, dignity, and the promise of generational wealth through land ownership.