Over 2,000 historical land dispute petitions still pending at NLC, senators warn
The committee also highlighted petitions dating back to 2021 that have yet to receive any response. Among these are disputes over land ownership rights in Mombasa, illegal alienation in Kiambu, and contested land in Olderkesi, Narok West.
More than 2,000 petitions on historical land disputes remain unresolved at the National Land Commission (NLC), with cases in Mombasa, Kiambu, Kilifi, and Taita Taveta.
Senators have warned that the delays are leaving communities at risk of eviction and prolonging injustice, raising questions about the commission’s efficiency in addressing historical grievances.
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During a tense session with NLC led by its chair, Gerishon Otachi and senior officials on Tuesday, the Senate Lands Committee expressed frustration over the slow pace of case resolution.
Committee chairman Mohamed Faki said the commission must improve planning and allocate resources to speed up the process.
“They are talking about 2,000 cases of historical land injustices. We recommend that their budget be enhanced so they can move faster. They must also come up with a clear plan on how they are going to manage these cases so the public can see results,” Faki said.
Senator Otachi defended the commission, noting that while some cases remain pending, several have been cleared in regions such as Mombasa, Kwale, and Kilifi.
He emphasised that the backlog is not due to negligence but stems from heavy caseloads and limited staffing.
“It is not that we have not been working. In areas like Mombasa, Kwale and Kilifi, we have cleared many cases. Others have been heard and only determinations are pending,” Otachi said.
Despite this, nominated senators Beatrice Ogolla and Miriam Omar criticised the commission for what they described as a lack of seriousness and urgency.
“The reason why our committee has the highest number of pending petitions is because of the commission. They are either unresponsive or give us general answers,” Ogolla said.
The committee also highlighted petitions dating back to 2021 that have yet to receive any response. Among these are disputes over land ownership rights in Mombasa, illegal alienation in Kiambu, and contested land in Olderkesi, Narok West.
One notable petition came from Robin Muchondi on behalf of residents in Marungu, Taita Taveta.
The community claims they face eviction from ancestral land due to alleged collusion between church officials, land officers, and local administrators.
According to Muchondi, the Holy Rosary Catholic Church initially requested 75 acres in 2007 to build an orphanage and church. However, the area chief reportedly redirected the request to 1,000 acres, which sparked opposition from local elders. A surveyor later declined to excise the land, citing its occupation, but in 2019, the church went ahead and constructed a building on the disputed area.
In 2023, the Ministry of Lands established the Ngoloki Adjudication Scheme. The scheme, however, omitted the contested 1,000 acres and adjudicated it in favour of the Catholic mission.
“The adjudication omitted about 1,000 acres in favour of the mission. It is an injustice and a serious omission to allocate land without residents’ knowledge,” the petition stated.
Senators warned that unless the NLC takes prompt action, communities will continue to suffer from unresolved historical land injustices, undermining confidence in the commission’s role as the guardian of land rights.
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