Teita Estate has assured residents of Singila Majengo that they will not be evicted from their land, emphasizing that the recent court rulings involve a different parcel and not the land the community occupies.
The estate’s management clarified that recent statements by Mr. Mnjala Mwaluma, suggesting otherwise, are misleading and have no basis in the actual court ruling.
Teita Estate’s legal representative, Caroline Makena, emphasized that the estate has no interest in reclaiming Singila Majengo.
Makena stated that Mwasima Mbuwa is trying to mislead the community that the case that was concluded in the court pertains to a different parcel altogether.
“Mwasima Mwambuwa is probably misleading them to believe the court case is related to their land, but it pertains to a different parcel altogether. The land at Singila Majengo was allocated to them, and they should feel secure living there,” affirmed Makena stating, “We’re not taking back the land. It’s rightfully theirs, and the title deeds are already being processed. That is our stance,” explained Makena.
For years, the community has grappled with uncertainty which has disrupted development and which was largely fueled by local claims on the land despite ownership legally lying with Teita Estate.
The dispute traces back to 2004, when former President Mwai Kibaki committed to purchasing land for Singila Majengo residents.
According to local resident Granton Mwandisha, this initiative faced resistance from Mnjala Mwaluma, who according to local leaders, threatened to challenge the acquisition legally.
Mwandisha, who served as the treasurer of the Singila Majengo Squatters Group, noted that under former Governor John Mruttu, Teita Estate had since allocated 450 acres for community use, with 250 acres reserved for Singila Majengo residents and the remaining for the county government to build its headquarters.
Despite this allocation, Mwandisha noted the ongoing tension fueled by claims that houses might be demolished, a scenario which he dismisses as fearmongering.
“We now wonder why he is saying our houses will be demolished as happened in Msambweni in Voi, especially when the owner had already confirmed he had given us the land,“ stated Mwandisha, accusing Mnjala for inciting the public with false information, raising tension to Singila Majengo residents.
He stated that they have been involved in a land demarcation exercise by government surveyors and that they will be receiving their title deeds soon.
He insisted that the residents of Singila Majengo have no relationship with Mwasima Mbuwa Welfare Association.
Other residents such as Zainab Kulola have also voiced frustrations with the frequent legal battles, which she claims have blocked the community’s efforts to move forward.
Kulola stated that even after the land had been surveyed and Mwaluma being among those whose plots were surveyed and issued a plot number, he came back to claim ownership of Singila Majengo. She pointed to external financial obligations as Mwaluma’s motivation, asserting that he is doing this to repay debts to people outside Singila Majengo.
“As one of the members who helped survey Singila Majengo, I remember we even went to his plot, showed him the boundaries, surveyed it, and gave him a number. He said the matter was over and settled down. We are now shocked to hear that he has gone to court, claiming that Teita Sisal Estate is threatening to take back the piece of land,” she explained adding, “It’s not about helping Singila Majengo. What we know he took money from people outside Singila Majengo promising they will get some plots despite not being residents of Singila Majengo.”
In response, Singila Majengo Chair Danson Masaka sought to calm residents’ fears, confirming that the land had been surveyed and allocated.
“To be clear, Singila Majengo land has already been surveyed, and even the person causing disturbances has a plot here that was also surveyed. As someone who participated in the process, I find it surprising to hear Mnjala Mwaluma who we also allocate him a plot number claiming that Teita Sisal Estate have plans of demolishing our houses. That’s a lie and merely an attempt to instill fear among our people,” he said.
Masaka, who received a threat of further legal action from Mwaluma, expressed determination, stating that this case concerns the entire community and not just one individual.
“I even received a threatening text from him, saying he would sue me. I am not afraid, as he would not be suing me personally but the entire community of Singila Majengo. He should forget about Singila Majengo and allow us to receive our title deeds,” he added.
Teita Estate’s General Manager, Emmanuel Mrombo, stated that the estate’s efforts aim to boost Mwatate’s development potential adding that the land was already given to the residents and that they have numbers for their plots.
“I believe they have all received plot numbers, allotment numbers, and are now only waiting for their title deeds,” stated Mrombo.
He stated that it’s unfair to treat the residents in that manner since they have a legal claim to the land.
He noted that Permanent structures are now being built, and that there is need to respect the residents by not interfering with their settlement.
“I believe that land cases only delay progress, which ultimately slows down development. I don’t see the point in fighting battles that are unwinnable, especially given that the land is titled and legally owned by Teita Estate, who has full rights over it,” he added.
Initially, Mwasima Mbuwa, the group associated with Mwaluma had moved to court to petition for an injunction against Teita Estate’s dealings on a different land, claiming ownership rights.
The petitioner was seeking various reliefs from the court which include a declaration that property rights in land reference number 3880/5, 3880/3, 3880/4/R, 6924,11378,3881 and 9487 dully vests with the petitioner.
Through the court, the petitioner also tried to seek relief on a permanent injunction retaining the 1st respondent and/or its agents, servants and/ or representatives from selling, allocating, transferring, leasing, subdividing and/or otherwise dealing or interfering with land references 3880/5, 3880/3, 3880/4/R, 6924,11378,3881 and 9487, among other reliefs.
However, Justice E. K. Wabwoto dismissed the case, declaring no basis for constitutional rights violations and directing each party to bear its own legal costs.
“After the court processes, the court concluded that in the end, it is finding of this court that the petitioner has failed to prove its case to sustain this petition and it is the holding of this court that the petitioner has failed to prove any violations and or infringement of its constitutional rights by the respondents. In the circumstance the amended petition dated 10th June 2024 is hereby dismissed with an order that each party to bear own costs,” reads part of the judgement.
This gives Teita Sisal Estate relief to continue selling the 3000 acres piece of land designed for the upcoming Mwatate City which was initially stopped by petition filed by Mwasima Mbuwa.
The 3000 acres of land were prioritized for Taita Taveta locals for a period of six month, with an offer of Ksh. 270 per acre, before being opened to anyone willing to purchase the plots.
Even after the court has dismissed his case, Mwaluma has threatened that he will further seek for justice by appealing the petition.
