Listen to This Article Enhance your reading experience by listening to this article.

Justice Dena has barred Achani and her county government, from taking over the land in dispute

The High Court has temporarily barred Kwale Governor Fatuma Achani and her government from taking over part of a 13-acre disputed property in Diani.

Registered as Kwale/Diani Beach Blok/1270-, the land is situated along Belch road, in Diani and estimated at Sh200 million. 

The judge also directed the Kwale governor and her officers to refrain from visiting the land for any purpose while barring any sale or transfer of the suit property pending the determination of the case. 

Lady Justice Edda Dena of Environment and Land Court in Kwale issued the orders on July 3, 2024 after a businessman who owns the plot moved to court.

Krav Marine Limited through the law firm of Litoro and Omwebu has listed Achani, County Executive Committee members of Trade and Tourism, Lands, Environment and Natural Resources, Kwale County Government and Rama Chimwaga as respondents.

Justice Dena directed that all parties be served within 21 days and that all parties provide their documents to the court while setting the hearing date on 22nd of October 2024.

In spite of the court orders, on July 3, Chimwaga in the company of police officers arrived at the disputed land and began erecting a fence.

Tourism market

The matter of trespass was reported at Diani Police Station on June 3 at 10:50 pm by Pasterus Luciano Mamo.

On April 2, 2024, Achani took Tourism Cabinet Secretary Alfred Mutua to the disputed land which she claimed was being repossessed for purposes of constructing a tourism market in Diani.

Achani stated that her administration had successfully recovered two acres of land from the disputed parcel that was allegedly illegally allocated.

However, Krav Marine Limited insists it acquired the land 30 years ago and has been in quiet possession until recently when the land was subdivided for purposes of selling.

In 2005, a Makuti thatched hotel that was in the land got burnt down with the hoteliers opting not to reconstruct it.

The firm then subdivided the land into 16 parcels of half an acre each for residential purposes while five acres were set aside for commercial development.

Yesterday, Chimwaga claimed he had not seen the court order barring him from accessing the land insisting that it was his ancestral land.

Present ownership

“The court order gave us 21 days to present ownership documents but not stopping us from stepping there. I have my cattle there and part of my family, how can I stay away?” he stated.

Chimwaga claims the family has been owning the land since 1969 and allegedly donated the two acres to the Kwale County Government.

When asked to provide his ownership documents, he said; “Just write to the lands office and ask for those documents formally. I am not the custodian of the documents.”

land dispute

Lady Justice Edda Dena of Environment and Land Court in Kwale issues orders stopping kwale Governor Fatuma Achani from visiting the land for any purpose while barring any sale or transfer of the suit property pending the determination of the case.

Krav Marine Limited through the law firm of Litoro and Omwebu has listed Achani, County Executive Committee members of Trade and Tourism, Lands, Environment and Natural Resources, Kwale County Government and Rama Chimwaga as respondents.