Thousands of residents in Mombasa County face imminent eviction threats from absentee Omani landlords, who assert ownership of the lands based on ancestral rights.
This historical backdrop traces back to the Omani rule in Kenya during the 18th and 19th centuries, characterized by notable Arab influence along the coastal regions following the expulsion of the Portuguese in the late 17th century.
This era witnessed the establishment of Omani Arab dominance over key coastal cities such as Mombasa.
Former mayor of Mombasa, Mr. Rajab Samba, who served between 1974 and 1982, stated that the Omani obtained title deeds for land, particularly in the Old Town, in 2016.
Such actions raise legal concerns as per Article 65 of the Constitution, which stipulates that non-citizens can only possess land through leasehold tenure, limited to a maximum of ninety-nine years.
For decades, Omani landlords have maintained control over a 10-mile coastal strip along the Indian Ocean since the 19th century.
Moreover, any documentation suggesting ownership beyond a ninety-nine-year lease is considered a leasehold interest under the Constitution. Despite some title deeds dating back to 1927, the tenure on the land should have expired.
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Residents of Mwembe Kuku, Bondeni, Majengo, and Ziwani have been forced to surrender their lands for failing to pay the premium land rates ‘owed’ to absentee Omani landlords.
During a recent visit to the Mombasa land registry, the Cabinet Secretary for Public Works, Housing, and Urban Development, Alice Wahome, expressed the ministry’s awareness of the illicit claims made by foreign entities on the land.
“I must remind land registrars wherever they are that freehold titles under Article 65 of the constitution cannot be transferred to or owned by foreigners. You have to be Kenyan to hold a freehold title while foreigners only hold leaseholds for up to ninety-nine years,” said the CS.
During the digitization of the land registry in Mombasa, Ms. Wahome promised that her ministry would safeguard the land entrusted to it and warned land officials against committing malpractices in the coastal region.
“We will undertake an audit, and when we find people neglecting their duties, we will take appropriate action. I also know that there are fraudsters who have become professionals, and their everyday work is to obtain land, buildings, and other properties using fake documents through court orders,” said the CS.
Additionally, CS Wahome highlighted the government’s commitment to resettling legitimate squatters in the coastal region, a pledge made during the Kenya Kwanza administration’s 2022 campaign.
– By Wanjiku Hilda
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