Controversy has erupted over the lease for the 2,700-acre Machungwani farm in Taveta, Taita Taveta County.
Farmers are now calling for the subdivision of the land to squatters who have lived on it for decades.
Anxiety has gripped the farmers over the uncertainty surrounding the lease. They said they are in the dark regarding the status of the land as it is not clear whether the lease has been renewed or not.
The 99-year lease was granted to Captain Morgan in 1914 and was later transferred to George Criticos, the father of former Taveta MP Basil Criticos.
Since its expiry in 2013, its renewal has been in contention.
Over 5,000 farmers invaded the farm and allocated themselves portions of it with hopes of eventually owning it.
“We want the government and leaders to come out clearly on the status of this farm. There is speculation that the lease has been renewed and this is worrying,” said farmer Bernard Kilonzo.
Residents of Mboghonyi in Taveta during a meeting with Lands officials on March 26, 2021.
Photo credit: Lucy Mkanyika | Nation Media Group
Some leaders in Taita Taveta want the lease to revert to the county government so residents can benefit from it.
County Executive for Lands Mwandawiro Mghanga said the former MP has no right to demand the renewal of the lease as he was not the one it was granted to over a century ago.
The wish of county officials is to have the land subdivided among the farmers, he said.
The lease agreement for the Machungwani farm, he said, had expired and the land should be repossessed by the county government so the farmers can be settled on it.
The county government had written to the National Land Commission (NLC) to have the land given to those who are presently on it, he said.
Mr Mghanga said the government will issue title deeds to the farmers to guarantee ownership of the land.
He denied allegations that the county government had authorised the renewal of the lease to the former MP.
“I assure residents that the lease has not been renewed. We are looking for funds for allocation and titling,” he said.
He said corrupt individuals, whom he declined to name, have been trying to have the lease renewed through underhand dealings.
“Our stand still remains that the lease will not be renewed. We are vigilant to ensure that no one uses fraudulent means to get the lease.”
Speaking in Machungwani, NLC Commissioner James Tuitoek said the land reverted to the county government after the lease expired in January 2013.
The county government, he said, will decide what to do with the farm, which he said will be put under the Settlement Fund Trustee (SFT), who will proceed to subdivide the land once the required processes are completed.
“NLC cannot renew or extend a lease without consulting the county government. We are waiting for correspondence from the county government stating what they want us to do with the land. Once that is done, then we will go ahead and forward the land to SFT for subdivision,” he said.
Some MCAs from Taveta Sub-County said the county assembly had declined to allow the renewal of the lease.
This comes after some MCAs were adversely mentioned for giving consent to allow Mr Criticos to have his lease renewed.
But Mboghonyi MCA Jones Maskuj termed the allegations as malicious, saying the alleged agreement was fake and is meant to tarnish the reputation of the representatives.
Speaking in Taveta, Mr Maskuj said the lease is yet to be renewed and asked farmers to remain patient as the county government works to ensure the land is subdivided among those farming there.
“All the documents being circulated on social media are fake. I have never met with my colleagues in a hotel to discuss the Machungwani lease,” he said.
Taita Taveta Senator Johnes Mwaruma during a previous meeting with Machungwani farmers in Mboghonyi.
Photo credit: Lucy Mkanyika | Nation Media Group
The matter is also under investigation by the Senate after farmers petitioned it seeking to know the status of the farm.
In March, the Senate Land Committee visited the farm on a fact-finding mission. The committee is set to write a report and table it for adoption.
Taita Taveta Senator Johnes Mwaruma said it would be fair if the land is subdivided among the farmers who have lived on it for decades.
“As a committee, we are following all the laid-down procedures to see that the people of Machungwani get their deserved claim to the land rights,” he stated.
Mr Criticos has petitioned NLC to renew the lease and accused the government of failing to protect the land from invasions by squatters.
The petition filed through Wamae and Allen Advocates stated that the former MP had not received any response despite his application through the then Town Council of Taveta, which he accused of postponing deliberations without any valid reasons.
“Since October 2012, the appellant’s application has never been considered in terms of expedition and giving priority to his pre-emptive rights pursuant to Article 47 of the Constitution,” he stated.
He also accused the county government of giving a fake consent that led to the dismissal of his petition by the High Court last year.
