Lamu locals turn NLC forum into Dangote refinery land rights arena

By  Kalume Kazungu

Correspondent

Nation Media Group

Residents of areas bordering land meant for mega infrastructure projects in Lamu County have demanded to be issued title deeds to prevent their plots from being invaded and grabbed.

Ms Halima Majid, a resident of Kwasasi, where the Sh2 trillion Dangote East Africa Petroleum Refinery and Petrochemicals SEZ is expected to be undertaken, alleged that some title deeds belonging to suspicious individuals and tycoons are already out and are being used to demand compensation.

Ms Majid was among residents who shared tales of being duped and left landless in the past during a public participation forum by the National Land Commission. The NLC was in Lamu County to gather views on the draft investigation of Historical Land Injustices Regulations, 2026.

The proposed Regulations, together with the Draft Review of Grants and Dispositions of Public Land Regulations, 2026, set out how the Commission would investigate past wrongs and re-examine how public land was allocated.

Instead of sharing the intended views and recommendations to the Commission, attendees intentionally shifted the focus to raw testimonies of systematic land grabbing and fraudulent title manipulation that have continued to affect their lives.

“We’re the genuine land owners at Kwasasi. Those are our ancestral lands. We’re appealing to NLC now that you’ve come down to listen to our grievances, kindly do something and ensure those suspicious title deeds are revoked forthwith,” said Ms Majid.

Retired Senior Chief for Pate Island in Lamu East, Mr Bwanarehema Ali called on both the County and National government in collaboration with NLC to ensure a comprehensive land audit and survey is done. Apart from Kwasasi, he added that other areas at risk of land grabbing are the Kililana environs and Mashunduani village close to the Lamu port.

The government has, however, maintained that the land reserved for the refinery is under the Lamu Port-South Sudan-Ethiopia Transport (Lapsset) corridor and all claimants had been compensated before. A refinery was among projects listed in the Lapsset Master Plan.

“Of course, by the time the Lamu Port itself was being done, it had a list and the refinery is one of the projects that were expected to be built. The refinery will come up with a chemical and cement factory plus many others relevant to that particular area. The land is okay, it’s good. The project area had been marked even before the project launch,” Lands, Public Works and Housing Cabinet Secretary Alice Wahome said.

Speaking at a press briefing in Nairobi, she added that matters surrounding project assessment and analysis, including the Environmental Impact Assessment (ESIA), were all concluded. She noted that all the necessary state departments had moved to the ground almost two months ago.

Lands PS Nixon Korir said that, in case there are legitimate landowners who will be affected by the refinery, the compensation process will take place.

“I don’t think the government has ever grabbed anyone’s land but also we should be very careful so that we don’t get people who can just go to court to stall projects just because they can go to court,” he said.

Mohamed Lali, a 69-year-old elder from Kiwayu Island in Lamu East, narrated how his community in the entire village has been pushed to the margins of their own home. He explained how their ancestral lands are now surrounded and restricted by the Kiunga Marine National Reserve.

“My grandparents, parents and I were all born on Kiwayu Island long before Kenya attained independence. It’s sad that to this day, I don’t own a single inch of the land I sleep on. I’ve never seen a title deed with my name on it,” he said.

“We’ve lived in Kiwayu before independence until 1979 when Kiunga Marine National Reserve was introduced to us. It prevented us from owning lands in Kiwayu. It’s unfortunate that this conservation status has effectively turned indigenous residents like us into squatters on our own soil. But why are some people, especially the heavily-pocketed individuals still owning lands within Kiwayu? We need justice,” he added.

Fishermen also complained about the grabbing of beach landing sites which are on public land.

Mr Abubakar Twalib, the Amu Beach Management Unit (BMU) chairperson, told the NLC panel how their last remaining functional fish landing site for Lamu Island fishermen was grabbed by a private developer.

“We’ve tried all efforts to secure it, including writing to you, the NLC, but nothing has materialised. All other public docking sites, including Ras Kitau, Matondoni, and Tenewi, were grabbed by tycoons. We want justice,” said Mr Twalib.

He argued that fishermen have used the landing site for over 30 years to park boats, offload daily catch, and repair nets.

“The private developer has now constructed a perimeter wall, completely barring us from access. Unfortunately, you, the NLC, and even our county government of Lamu have remained silent over the matter. Who will fight for us? Something needs to be done urgently,” he said.

Mr Simon Komu, a retired fisheries officer, questioned why out of the more than 40 fish landing sites across the Lamu archipelago, less than a quarter of them hold formal title deeds. The situation leaves the fish landing sites highly vulnerable to land grabbing and privatisation.

“Without designated and secure landing sites, our fisher community of Lamu can’t safely build necessary value-addition amenities. This forces traditional fishermen here to operate in suboptimal conditions, hence, fueling local poverty despite high fish yields in this place,” said Mr Komu.

Ms Umulkheir Salim, a human rights activist, demanded an immediate systemic redress, anchoring the Lamu community’s plight in historical justice frameworks.

Ms Salim insisted that the government acknowledge and implement the findings of the Truth, Justice, and Reconciliation Commission (TJRC) report, noting that it documented the historical land injustices suffered by the coastal communities, Lamu included.

Speaking during the forum, NLC Commissioner Mohamed Abdi acknowledged that land problems in Lamu County are long-standing and in dire need of resolution.

Mr Abdi stated that earlier reports have indicated that more than 60 per cent of land in the county is classified as public, that most residents lack title deeds and that land has not been demarcated or surveyed since independence.

He further noted that historical injustices have traced many of the conflicts to the colonial period, when land in Lamu was declared government land in 1908.

“Families displaced during the Shifta War of the 1960s have also been among those seeking to be settled and issued with titles,” said Mr Abdi.

The draft regulation policy document will be ready to be presented to Parliament and assented to early next year, with public participation already underway in at least 15 counties.

NLC Director for Legal Affairs and Dispute Resolution Brian Ikol stressed that the ongoing NLC forums across the country seek to enhance awareness of the Draft Regulations, incorporate views from affected communities and stakeholders and fulfil the constitutional requirement for public participation in the law-making process.

In the Grants and Dispositions of Public Land Regulations, 2026, communities can bring claims under which, through the historical injustices draft, a claim can be lodged by an individual, a group or a community through an authorised representative, or the Commission can start an investigation on its own initiative.