Cement firm embroiled in 1,400-acre land dispute

More than 3,000 residents of Denyenye in Matuga sub-county, Kwale county, are embroiled in a land tussle with Bamburi Portland Cement.

The residents have presented a petition to the National Land Commission (NLC) seeking to reclaim 1,400 acres of prime land in the Waa/Ng’ombeni area touching the Indian Ocean.

Residents said, they have been at the centre of the dispute since they were evicted in the 1950s by the colonial government, and the land was later acquired by Bamburi Cement, which placed restrictions leading to endless confrontations.

Residents, human rights officials and lawyers who appeared before the NLC team at Kwale during the hearing of petitions on historical land injustices said so far five people have died and 11 others injured in confrontation with police officers, private security guards and dogs used to guard the expansive land.

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NLC commissioner James Tuitoek said they were hearing 29 petitions in Kwale, and the verdict will be delivered by the end of the year.

In his latest tour of the Coast region, President William Ruto pledged to end the squatter problem.

The Head of State directed Senate Speaker Amason Kingi, Mining Cabinet Secretary Hassan Joho and his Sports counterpart Salim Mvurya to identify land to settle the squatters.

A Denyenye community representative, Abdalla Chinandi, recounted that the expansive land was first grabbed by the colonial government and allocated to foreigners after the residents were forcefully evicted.

Chinandi said before the evictions, residents were farming, living and using shrines and water sources on the land.

“We believe the objective of Bamburi Cement was to reserve the land because it is rich in limestone. They, the community, were evicted and blocked from accessing the beach and shrines for cultural events,” he said, adding that locals used to grow various crops, including cashew nuts.

Another resident, Hassan Mfaume, said theirs has been a fight for “freedom” after their ancestral land was taken away and they were pushed to a corner.

“There have been deaths, rape and dog bites due to claims of trespass on the land after our access to the beach was blocked. We now fear the matter will get more complicated because Bamburi Cement is changing hands. We are not selling out our land; we want it back,” he argued.

Bakari Shambi, 84, claimed that he witnessed the brutal eviction of residents in 1952 after they were called to the local chief’s office and told that the colonial government wanted the land.

“We were brutally removed from our homes, where there were also water sources and crops. Those who refused to move out were beaten and forced out. We had to be accommodated by our neighbours, where we still reside,” he said.

Mwanaisha Tengeza said they have fought for their rights for a long time, but the government has failed to intervene.

“What we are saying is the truth and is backed by evidence. We want this commission to resolve the land issue now,” she said.

Tanzania’s Amsons Group recent acquisition of Bamburi Cement that could result in management changes.

The residents said they have already instituted a criminal case in court against the company through the Kenya National Commission on Human Rights, the Katiba Institute and the Kwale Human Rights Network.

Bamburi Cement was not represented during the hearing of the petition that took about three hours, with NLC promising to look for them to respond to the matter.

Local advocates fear that justice might be lost following reports that Bamburi Cement was being sold to Amsons Group.

Kenya Human Rights Commission Executive Secretary Davis Malombe said the matter amounts to historical land injustice committed by a corporate entity and unfair land practices.

He urged NLC to consider the legitimacy of the land claim other than the legality of the matter, noting that the Denyenye community has suffered economic and social implications for the last 70 years.

“This company we are talking about is undergoing management changes. It will be difficult to hold the entity to account. The issues involve a lot of systemic injustices and are difficult to resolve,” he added.

Lawyer Mwangi Kihira, noted that the matter involves huge tract of land that used to be ancestral land for the community. He called on NLC to serve justice to the community that was allegedly thrown out of their homes.

Another lawyer, Nelius Njuguna, said the matter also involves human rights violations where locals were beaten by security officers and private guards and also bitten by dogs.

“The right to property was violated as these people were removed from their ancestral land. They were also deprived of livelihoods, and some succumbed to beatings and dog bites. They were denied access to their shrines,” she argued, adding that this amounted to historical injustices.

Paul Olinga from the Taita Resources Community Centre said they have brought together about 50 communities who are fighting for their rights following various violations.

He said they have documented cases from the communities and encouraged them to seek justice.

During the hearing, the family of former Cabinet Minister Chirau Mwakwere also presented a petition seeking to be compensated Sh4 billion for 161 acres allocated to the Kwale prisons in 1981.

Mwakwere and other family members said it was a pity that they were compensated for coconut plants at the rate of Sh50 each instead of Sh300 recommended by the Ministry of Agriculture.

Mwakwere, who is the Digo community spokesman, said they presented their case before the Ndung’u and Njonjo land commissions, but nothing was done.

“We are happy that this is a permanent land commission, and we hope it will give us a solution. At the moment we have engaged a lawyer to take this matter to court,” Mwakwere noted.