Firm writes to CJ over battle for Sh1.5 billion beach plot in Kwale

A firm has written to Chief Justice Martha Koome alleging a scheme to grab its prime beach plot valued at Sh1.5 billion in Diani, Kwale County, using forged court documents.

In the letter dated November 14, 2025, Grove Development Limited claims this is the latest attempt after past efforts to dispossess it were halted by the courts. 

The firm, however, is unable to take possession of the land.

In the letter, Grove claims that the court judgement issued in its favour against Kwale Clan has been altered or forged to fraudulently create new title deeds.

Grove’s lawyer, M. A. Kago, said the forgery is of a judgement issued in May 2024 against Kwale County Government that had encumbered the land. 

Court papers indicate that Grove bought the land from Mrs Elizabeth Arbuthnot Grant on October 28, 1995, and prior to the expiry of the lease in 2013, it applied for renewal.

“Our client’s application for extension of lease, change of user and subdivisions was approved by the necessary government authorities, including the defunct County Council of Kwale,” said Kago.

In the first attempt to deprive Grove of the land, Kago said that the then National Land Commission (NLC) chairman Mohamed Swazuri refused to execute the lease documents.

Grove filed a Miscellaneous JR Application No. 10 of 2014, as a result of which an order of certiorari, prohibition and mandamus directing Swazuri to execute all documents in support of the application was issued on July 30, 2015.

During the hearing of the application, Swazuri said the property was government land and the County Government of Kwale intended to use it to settle squatters.

“Despite the order, it took my client four years of constant letters and reminders to obtain the said signatures in 2019,” said Kago in the letter to the CJ.

Eventually, NLC approved the renewal of Grove’s lease for a period of 50 years, and the subdivision of the land number Kwale/Diani Beach Block/20 into 35 plots was effected.

In March 2022, however, Grove discovered that the entire property had been encumbered by a restriction registered on February 25 of that year pursuant to two letters from the County Government of Kwale and the Directorate of Criminal Investigation.

Grove again returned to court against the County Government of Kwale, the DCI and the Kwale Land Registrar for its removal.

In May 2024, the court declared the restriction illegal and permanently enjoined the Land Registrar of Kwale, the County Government of Kwale and the DCI from interfering in any manner whatsoever with Grove’s ownership of the subject property.

“A permanent injunction hereby issues orders restraining the respondents, their agents, servants, invitees and/or squatters from trespassing and/or encroaching on all that parcel of land known as Kwale/Diani Beach Block/20 and the resultant subdivisions thereof, and/or in any other manner whatsoever from interfering with the petitioner’s ownership of Kwale/Diani Beach Block/20,” Justice Edda Dena ordered on May 21 2024.

A few months after the decision of May 2024, Grove faced a third obstacle when Achina Kulo, Achina Saburi and Achina Ryaza, being the alleged Kwale clans which were allegedly the intended beneficiaries of the quashed part development plan, entered the property, leased the same to unsuspecting members of the public and are currently collecting rent.

Grove filed a trespass suit and a ruling dated April 8, 2025 for temporary injunctive relief were issued.

Other than civil cases, the directors of the firm have been subjected to criminal investigations but got relief recently when police were directed to close the inquiry file on claims of fraud.

On July 31, 2025, Director of Public Prosecutions Renson Ingonga directed police to close an investigation file in which DCI officers recommended the prosecution of the firm’s directors.

The DPP noted that the matter had been litigated in court and the issue of fraud was never raised, saying there are no grounds to charge Grove Development.

“The DPP finds no criminal culpability on the part of Grove Development Ltd in the manner in which the extension/renewal of lease was done,”the DPP said.