Kwale County reclaims Msambweni Hospital land as court revokes private titles
Justice Dena noted that the county government successfully demonstrated that the land was lawfully set aside for the construction and development of Msambweni Hospital and could not be legally converted into private ownership.
Kwale County Government has regained control of land originally designated for Msambweni County Referral Hospital after the Environment and Land Court nullified all titles issued for the property, declaring them illegal and fraudulently acquired.
Justice Addraya Dena ruled that the land, which had been subdivided and transferred to private individuals, must revert fully to the county government for public use.
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She further ordered the National Land Commission (NLC) and the Registrar of Lands to correct the land register to show the hospital as the rightful and sole owner.
In her judgment, the judge stated that any entries or transfers made at the Lands Registry concerning the disputed parcels were irregular and invalid, having been obtained through fraudulent means.
“The purported allocation was illegal and fraudulent, and the purpose for which it (land) was reserved has never ceased at any point. The public interest is in favour of the cancellation of titles held by the plaintiffs,” said Justice Dena.
The ruling came after the county government filed a counter-claim against eight individuals who had sued it, accusing the administration of encroaching on their land.
The plaintiffs, Said Mraja, Anisa Mwakilalo, Hassan Ngenya, Kassimu Shee, Idd Mwatandara, Athuman Ali, Ali Mkungu, and Kassim Mwamzandi, had gone to court on behalf of the residents of Mwaembe and Kisimachande villages.
They sought to stop the county government from entering, transferring, or using the land, arguing that they had been legally allocated the plots.
However, the court found that the plaintiffs had no legitimate claim to the land, as it was public property reserved for a health facility and its future expansion.
Justice Dena noted that the county government successfully demonstrated that the land was lawfully set aside for the construction and development of Msambweni Hospital and could not be legally converted into private ownership.
The court further pointed out that even though the land was under the County Council of Kwale before devolution, its use as public utility land for the hospital remained valid and unchanged.
According to court documents, the plaintiffs argued that the mother title was initially public land owned by the former County Council, which in 2009 allegedly resolved to subdivide and allocate it to squatters.
The judge, however, dismissed this argument, ruling that the council had no authority to alter the land’s public utility status without formal approval from the Ministry of Lands.
She emphasised that such a resolution could not replan or convert land set aside for public use into private ownership, noting that the hospital’s needs and public interest outweighed private claims.
The decision now paves the way for Kwale County to proceed with plans to expand and develop the Msambweni County Referral Hospital on the restored land.
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