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More than 2,000 residents of Lamu County have filed an application at the Milimani Court to be enjoined in a contentious land case involving property they claim was illegally acquired by a private developer. Represented by lawyers Danstan Omari and Martina Swiga, the residents argue that despite a High Court ruling in Malindi affirming their ownership of the land, alleged fraudsters have transferred the matter to Nairobi to frustrate their access to justice.
Omari emphasized the financial burden on the residents, who must travel long distances to attend court hearings in Nairobi. He decried the actions of the alleged fraudsters as a misuse of the judicial process.
“The fraudsters have decided to use backdoors to obtain justice despite the fact that a court of the same jurisdiction already declared them the rightful owners of the land,” Omari said. He also revealed that a land registrar linked to the case was previously arrested and charged but later acquitted under unclear circumstances.
One of the residents, Fatuma Mahmoud, filed an affidavit supporting the application. She claims to have legally acquired her property on Lamu’s Manda Island, with a certificate of lease proving ownership. However, in 2020, she discovered construction activity on her land without her consent, uncovering that title deeds had been fraudulently issued to others.
Mahmoud and other residents are urging the court to transfer the case to a closer jurisdiction to ensure accessible justice. They have also accused an advocate, Alex Githinji Njagi, of complicity in the alleged fraud.
In response, Njagi filed a case seeking to prevent his prosecution and that of his associates, requesting the court to restrain authorities from pursuing legal action against them concerning the Lamu properties.
The case underscores the ongoing struggle over land ownership in Kenya, where disputes often pit local communities against private developers and individuals accused of fraudulent practices.
