Leaders and residents in Lamu County have raised the alarm over excessive encroachment of the Shella water catchment area by private developers.
The illegal activities have been ongoing despite the land having been designated as a protected water catchment and national monument under the Kenya Gazette in March 2002.
Residents are now demanding the intervention of the Inspector-General of Police Douglas Kanja and the Ethics and Anti-Corruption Commission (EACC) to ensure that all land grabbers within the Shella Water Catchment zone are brought to book.
The Shella water catchment is the sole source of fresh water for approximately 50,000 residents of Lamu Island and parts of Manda Island, with the number steadily increasing as new households and businesses settle inland.
Shella Community representative Mohamed Athman questioned why no action has been taken despite them decrying the continued encroachment of the Shella Water Catchment Area over the years.
"If the development proceeds on the dunes and beachfront as is currently, Lamu stands to lose its only natural aquifer, triggering a water crisis of unprecedented scale. Once the precedent of illegal allocation and construction is set, the damage will be irreversible. Even future enforcement will be ineffective," said Mr Athman.
In a letter sent to Inspector General Kanja, the community led by Shella Youth Group, business owners and elders demanded the immediate investigation into illegal allocations and constructions taking place within the area.
Other demands are the suspension and halting of ongoing development and fencing until the legality of land claims is properly determined, ensuring there is enforcement of protections, including the revocation of irregular titles and upholding of Gazette Notices.
In the letter, the community also demands that the Shella Water Catchment Area be secured as community trust land for the collective benefit of present and future generations. Shella Youth Group Chair Jamil Mohammed noted that in recent months, fencing and construction works have been witnessed and such activities directly threaten both the environment and public welfare.
"The Shella Water Catchment Area and general aquifer sustain households, businesses, schools, and health facilities. It is, therefore, ecologically critical not only for water supply but also as a nesting ground for endangered species along the beach and dunes," he stated.
The encroachment is largely attributed to a previous move by elders and councillors during the defunct Lamu County council who demarcated and irregularly issued title deeds for sections of the land to politicians and investors from outside the region. The politicians and investors are behind the ongoing development and fencing of sections of the dunes.
In 2010, title deeds that had been issued for land within the Shella Water Catchment zone were revoked by Gazette Notice Number 5564 of 21st May. Despite the revocation, enforcement has been inadequate, hence, encroachment persists.
Omar Abdallah, a hotelier in Shella, said it is unfortunate that the past fraudulent allocations, where local councillors used some community elders to sign documents, were later exploited for speculative land sales.
"We shall not relent. Let the IG, EACC, the National Land Commission (NLC) and others act urgently so that our aquifer isn't compromised whatsoever. We have no other realistic or sustainable alternative source of water in this place except the Shella Water Catchment," said Mr Abdallah.
Lamu Governor Issa Timamy has on many occasions come out warning that those targeting and grabbing water catchment areas in the county would be prosecuted. However, no action has been taken so far, raising questions as to whether the grabbers are untouchable.
On Wednesday, Lamu County Commissioner Wesley Koech said they are following up on the reports of encroachment of the Shella Sand Dunes and water catchment zones, noting that those found liable will face prosecution.
"We've had meetings with the community, including those in Shella. I am out on official duty but follow-ups are on, and we shall ensure the matter is put to rest. It's paramount that water catchment areas are protected," said Mr Koech.
In 2018, the NLC, then under Muhammed Swazuri's leadership, announced that it had successfully secured the gazettement of seven key water catchment areas that had been grabbed in Lamu County. They included Shella Sand Dunes, Kiongwe Sand Dunes, Belle bele Swamp, Chomp Swamp, Lake Kenyatta, Amu and Kibokoni ranches.
