Residents protest eviction order, fearing land grabs

Residents of Dagoretti and Kangemi protest Sakaja's eviction order, fearing land grabs The county government ordered residents of the city's riverside areas to move 30 meters away from the banks on either side. The authority wanted to warn them of the effects of the onset of prolonged rains. The broader Dagoretti area had 240,081 residents in 1999, with Kawangware (86,824) and Riruta Satellite (65,958) as major locations1. Socioeconomic challenges include poverty and reliance on informal sectors. And Kangemi is a peri-urban area in Westlands Sub-county, Nairobi County, bordering Kawangware (south), Mountain View (east), and Loresho/Kibagare (north). About 100,000 residents, primarily Luhya tenants and Kikuyu landowners. There are lacks sewerage systems, with challenges like overcrowding, poverty, and social issues (HIV/AIDS, substance abuse). Tensions were high among residents and landowners around the properties. They stated that the county government's action threatened the livelihoods of many of them who had lived there for years. Residents suspect malice in the orders and claim it is a plot to displace thousands of families from the land they have called home for years. The county's order is part of measures to ensure that no lives are lost during the rainy season, which, as was the case last year, sometimes causes flooding. The measure is also part of the Nairobi River Regeneration Project. According to residents, the expropriation of 30 meters of land on both sides of the river constituted eviction from their land, which they are protesting. There have also been complaints about selective enforcement of the order, which targets low-income areas while sparing development in affluent neighborhoods. President William Ruto has since assured residents of Nairobi's disputed areas that the government will not allow any forced evictions without a proper relocation plan. The President ordered that proper relocation plans for residents should be in place before any forced evictions in the disputed areas. This is the starting point. So, what does land grabbing mean in Kenya? Land disputes in Kenya are a significant and complex issue, deeply rooted in the country's history, colonial legacy, and sociopolitical dynamics. During the colonial period, the British colonial government expropriated large tracts of land from indigenous communities, particularly in the fertile highlands, for white settlers. This led to a legacy of land inequality and dispossession that continues to this day. The British took what was good. After independence in 1963, the Kenyan government attempted to combat land inequality through land redistribution programs. However, these efforts were often characterized by corruption, nepotism, and a lack of transparency, leading to further disputes. Corruption is a widespread scourge in Kenya. (We will discuss this later.) Land disputes often arise between different ethnic groups, particularly in regions with high agricultural potential or valuable natural resources. These conflicts are sometimes violent and have resulted in significant loss of life and displacement. There are numerous cases of individuals or communities making ownership claims to land that is either public or has been allocated by the government to private developers. These disputes often involve allegations of illegal land acquisition and corruption. Land is a highly valued asset in Kenya, and inheritance disputes within families are common, especially when land ownership is not clearly documented. Kenya has a complex legal framework governing land tenure, including the Land Act, the Land Registration Act, and the National Land Commission Act. These laws regulate land ownership, use, and management, but their implementation is inconsistent. The National Land Commission (NLC), established under the 2010 Constitution, is responsible for managing public lands, addressing historical land injustices, and resolving land disputes. However, the NLC faces challenges, including limited resources and political influence. Corruption is a significant factor in land disputes in Kenya. Powerful individuals, including politicians and businessmen, are accused of illegal land acquisition, often in collaboration with government officials. There are numerous cases of land grabbing, in which public or communal land is illegally acquired by private individuals or companies. This has led to widespread displacement and loss of livelihoods, particularly in marginalized communities. Land disputes often lead to the displacement of communities, which in turn leads to the loss of livelihoods and increased poverty. Displaced people often end up in informal settlements with poor living conditions. Land disputes can escalate into violent conflict, particularly in regions with ethnic tensions. These conflicts contribute to insecurity and hinder development efforts. Land disputes can hinder investment and development, as investors may be reluctant to participate in projects where land ownership is contested. The government has made efforts to allocate and title land to provide clear ownership documents and reduce disputes. However, these efforts have been uneven and sometimes controversial. The use of alternative dispute resolution (ADR) mechanisms such as mediation and arbitration to resolve land disputes outside the formal court system is gaining increasing importance. This approach is considered faster and more cost-effective. The Community Land Act of 2016 recognizes the right of communities to collectively own and manage land. This is seen as a step toward addressing historical injustices and empowering marginalized communities. Perhaps a positive development is that the Kenyan government continues to implement land reforms to address historical injustices, improve land governance, and resolve disputes. However, progress has been slow, and challenges remain. Civil society organizations and activists are increasingly advocating for land rights and raising awareness of land injustices. These efforts have resulted in some high-profile cases being addressed, but systemic change remains elusive, and this change is urgently needed. What we are seeing here is that land conflicts in Kenya are a multifaceted problem with deep historical roots and significant socio-economic repercussions. Resolving these conflicts requires comprehensive land reforms, effective governance, and a commitment to justice and equality. While some efforts have been made to address these issues, much remains to be done to ensure that land rights are protected and land is managed in a way that benefits all Kenyans. This cannot and should not be taken for granted. The current government is not strong, and it has no desire to resolve these issues. One more thing to note: Arab Moi, a former president (1924–2020), was sentenced to pay 8 million shillings for abusing his position and acquiring this land below its value.

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