Controversy has emerged over the renewal of a lease for the 2,700-acre Machungwani farm in Taveta, Taita Taveta County.
Farmers are now calling for the subdivision of the land to squatters who have lived there for decades.
Anxiety has gripped the farmers over the uncertainty of the lease renewal. The farmers said they are in the dark regarding the status of the land as it is not clear whether the lease has been renewed or not.
The 99-year lease was granted to Captain Morgan in 1914 and was later transferred to George Criticos who was the father of the former Taveta MP Basil Criticos.
Since its expiry in 2013, its renewal has been in contention.
Over 5,000 farmers invaded the farm and allocated themselves portions of land with hopes of eventually owning it.
Speculations
“We want the government and leaders to come out clearly on the status of this farm. There are speculations that the lease has been renewed and this is worrying,” said Bernard Kilonzo, a farmer.
A section of leaders in Taita Taveta want the lease to revert to the county government for residents to benefit.
County Executive for Lands Mwandawiro Mghanga said the former MP has no right to demand the renewal of the lease since he was not the one to whom it was granted over a century ago.
Mr Mghanga said the county’s wish is to have the land subdivided among the farmers.
Lease expired
He said that the lease agreement for the Machungwani farm had expired and it should be repossessed by the county government to settle the farmers.
The CEC said the county government has already written to the National Land Commission (NLC) to have the land given to those who are presently on the farm.
Mr Mwandawiro stated that the government will issue title deeds to the farmers to guarantee ownership of the land.
He denied allegations that the county government had authorised the renewal of the lease to the former MP.
“I assure residents that the lease has not been renewed. We are looking for funds for allocation and titling exercise,” he said.
Corrupt dealings
Mr Mghanga said there were a lot of corrupt dealings regarding the land in question.
He said that some corrupt individuals, whom he declined to name, have been trying to have the lease renewed through underhand dealings.
“Our stand still remains that the lease will not be renewed. We are vigilant to ensure that no one uses fraudulent means to get the lease,” he said.
Speaking in Machungwani, NLC Commissioner James Tuitoek said the land reverted to the county government after the lease expired in January 2013.
He said the county government will decide on what to do with the farm which will be put under the Settlement Fund Trustee (SFT) who will proceed to subdivide the land once the processes are completed.
“NLC cannot renew or extend a lease without consulting the county government. We are waiting for correspondence from the county government stating what they want us to do with the land. Once that is done, then we will go ahead and forward the land to SFT for subdivision,” he said.
Declined renewal
A section of MCAs from Taveta Sub-County said that the county assembly declined to allow the renewal of the lease.
This comes after a section of MCAs were adversely mentioned for giving consent to allow Mr Criticos have his lease renewed.
But Mboghonyi MCA Jones Maskuj termed the allegations as malicious, saying the said agreement was fake and is meant to tarnish the reputation of the representatives.
Speaking in Taveta, Mr Maskuj said the lease renewal is yet to be effected and asked the farmers to remain patient as the county government works to ensure that the land is subdivided among those who are farming there.
‘Fake documents’
“All the documents being circulated on social media are fake. I have never met with my colleagues in a hotel to discuss about the Machungwani lease,” he said.
The matter is also under investigation by the Senate after farmers petitioned it seeking to know the status of the farm.
In March, the Senate Land Committee visited the farm on a fact finding mission. The committee is set to write a report and table it for adoption.
Taita Taveta Senator Johnes Mwaruma stated that it would be fair if the land is subdivided among the farmers who have settled there for decades.
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“As a committee, we are following all the laid down procedures to see that the people of Machungwani get their deserved claim to the land rights,” he stated.
Petitioned NLC
Mr Criticos has petitioned NLC to renew the lease and accused the government of failing to protect the land from invasions by squatters.
The petition stated that he had applied for extension of the lease in October 2012.
The petition filed through Wamae and Allen Advocates stated that he has never received any response despite his application through the then Town Council of Taveta, which he accused of postponing deliberations without any valid reasons.
“Since October 2012, the appellant’s application has never been considered in terms of expedition and giving priority to his pre-emptive rights pursuant to Article 47 of the Constitution,” he stated.
“Kindle note that NLC can still carry out its statutory and constitutional duty to ensure that our client’s pre-emptive right to an extension is granted,” the petition stated.
He also accused the county government of giving a fake consent that led to the dismissal of his petition by the High Court last year.
