A group of squatters in Mtwapa, Kilifi County, fear being dispossessed by another group that allegedly obtained a consent order from a Malindi court, allowing them to be allocated the land on the grounds of adverse possession.

However, the other group claims it has been excluded from the alleged deal despite living on the same land. They are calling on the government to intervene to prevent their eviction.

At the centre of the dispute is a 23.44-hectare (approximately 57.9-acre) piece of land near the ocean at Jumba Ruins, formerly owned by Jack Francis Paul.

The white settler left Kenya in 2000 under controversial circumstances, after which squatters occupied the prime land, registered as MN/III/885 CR number 21309.

The second group of squatters is protesting against the issuance of the consent order, which was allegedly agreed upon by Victor Kuto Marandu, Simon Alfred Lewa, Alice Musyoka, and Stephen Mwendwa Vandika, along with 240 others as plaintiffs, against Jack Francis Paul as the defendant, in Environment and Land Cause No. 1 of 2021.

According to court papers obtained from the Mombasa land registry, which are under lock and key, the consent order was granted by Justice J. O. Olola on 31st May 2021.

Both groups had sought allocation of the land on the basis of adverse possession, having lived there for over 12 years.

Mr Hassan M’mbetsa, a squatter representing the second group and secretary of a government-appointed task force on the land since 2010, said his group would challenge the consent order in court, citing material non-disclosure and misrepresentation of facts.

He argued that squatters on the ground were never informed of the proceedings in the Malindi court.

Mr M’mbetsa also protested that the consent order gave authority only to Mr Marandu, Mr Lewa, Ms Musyoka, and Mr Vandika, while the consent of approximately 500 other squatters residing on the land was not sought.

He expressed shock upon discovering that research at the Mombasa land registry, aided by a National Land Commission (NLC) investigation officer, revealed that the land was vested in the four individuals through the consent order. However, no supporting documents existed to confirm their ownership, necessitating a review.

*“On behalf of the over 500 squatters, we are disturbed to learn that the land we occupy was subject to a consent order dated 31st May 2021, issued on 9th June 2021, based on material non-disclosure and misrepresentation of facts.

Consequently, the consent order vested power in only four squatters—Victor Kuto Marandu, Simon Alfred Lewa, Alice Musyoka, and Stephen Vandika—without the consent of the 500 others on Plot No. MN/III/885, CR No. 21309,”* M’mbetsa stated.

Mr M’mbetsa further argued that the Malindi court never visited the land and that the list of 240 squatters cited by the four beneficiaries of the consent order was missing from both the court file and the Mombasa land registry.

The squatters also questioned the whereabouts of the landlord, Jack Francis Paul, whose whereabouts have been unknown since he left Kenya in 2000. They wondered how his lawyer obtained his consent for the Malindi court proceedings.

Mr M’mbetsa urged the Directorate of Criminal Investigations (DCI) and other government agencies to investigate how the consent order was obtained, particularly as the NLC and Kilifi County Government had expressed willingness to settle all squatters on the land they occupy.

Court records indicate that the Malindi Deputy High Court Registrar registered the consent order on 9th June 2021.

In a letter to the Mombasa Registrar of Titles, Mr G. O. Nyangweso, dated 6th February 2024, the Malindi Deputy High Court Registrar confirmed the authenticity of the consent order granted on 31st May 2021.

“We hereby confirm that the consent order dated 31st May 2021, and issued on 9th June 2021, is genuine, authentic, and was issued by this Honourable Court,” the letter reads in part.