Senior Coast-based police officers are present to protect a notorious land grabber in Diani, Kwale County.
Despite the Kwale Environment and Land Court’s orders barring Kwale County and Rama Chimwaga from the 13-acre piece of land, police have deliberately defied the orders.
Instead, Diani OCPD Francis Gacoki, Kwale County police commander Stephen Ngetich, and former Kwale CCIO Joseph Kirui, who was recently transferred to Taita Taveta, are defending the invaders.
According to reports, Rama, an agent of Kwale Governor Fatuma Achani, has taken advantage of the three senior cops’ protection to commit other crimes.
Last week, he and six other thugs kidnapped 35-year-old Juma Swaleh, a caretaker of the disputed land from the Tradewinds area, forced him into the boot of their car, and stabbed him several times, leaving him to die.
Police have since arrested and charged the suspects with abduction and attempted murder in a Kwale court, but his thugs are still at the site, with cops keeping a safe distance.
The land, known as Kwale/Diani Beach Block/1270-1287, is located along Beach Road in Diani and has an estimated value of Ksh200 million.
The High Court temporarily barred Kwale Governor Fatuma Achani and her government from taking over part of the disputed property.
The judge also instructed the Kwale Governor and her officers to refrain from visiting the land for any purpose while barring any sale or transfer of the suit property pending the case’s determination.
Lady Justice Edda Dena of the Environment and Land Court in Kwale issued the orders on July 3, 2024, after a businessman who owns the plot moved to court.
Through the Litoro and Omwebu law firms, Krav Marine Limited has listed Governor Achani, County Executive Committee members of Trade and Tourism, Lands, Environment, and Natural Resources, Kwale County Government, and Rama Chimwaga as respondents.
Despite court orders, on July 3rd, Chimwaga, in the company of police officers, arrived at the disputed land and began erecting a fence.
Pasterus Luciano Mamo filed a trespass report at the Diani Police Station under Ob No. 36 of 3/07/24 at 10.50.
On July 9, Krav Marine Limited returned to court, seeking to cite Rama and Diani police for contempt. However, with Justice Dena in court, his colleague E.K. Wabwoto directed the serving of the parties and the matter’s hearing this coming Tuesday, July 23rd.
On April 2, 2024, Ms. Achani took Tourism Cabinet Secretary Alfred Mutua to the disputed land, which she claimed was being repossessed for the purpose of constructing a tourism market in Diani.
Governor Achani stated that her administration had successfully recovered two acres of land from the disputed parcel that was allegedly illegally allocated.
Krav Marine Limited, however, maintains that it purchased the land 30 years ago and maintained quiet possession of it until recently, when it underwent subdivision for sale.
The Makuti thatched hotel on the property burned down in 2005, and the hoteliers decided not to rebuild it.
The firm then divided the land into 16 residential half-acre parcels and set aside 5 acres for commercial development.
In a local newspaper last week, Chimwaga claimed he hadn’t seen the court order preventing him from accessing the land and insisted that it was his ancestral land.
“The court order gave us 21 days to present ownership documents, but it did not stop us from going there.” I have my cattle and part of my family; how can I stay away?” he stated.
Chimwaga claims the family has owned the land since 1969 and allegedly donated the two acres to the Kwale County Government.
When asked to provide his ownership documents, he said, “Just write to the land office and ask for those documents formally. I am not the custodian of the documents.”
