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REPUBLIC OF KENYA
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KENYA NATIONAL ASSEMBLY

ELEVENTH PARLIAMENT _ SECOND SESSION - 2014

REPORT OF THE DEPARTMENTAL COMMITTEE ON LANDS

ON

LAND ADJUDICATION ISSUES IN MERU & THARAKA NITHI COUNTY

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NAIROBI DECEMBER.2014
 I

DEPARTMENTAL COMMITTEE ON LANDS

The Departmental Committee on Lands was constituted on '16th May 201 3, pursuant to the
provisions of Standing Order no. 216 (1) and (5) of the National Assembly. The functions and
mandate are outlined in the SO and House Rules.

The Committee oversees the operations of the tviinistry of Lands, Housing and Urban
Development on the following matters: Land Policy and Physical Planntng, Land Transactions,
Survey and tvlapping, Land Adjudication, Settlement, Land registration, Land Valuation,
Administration of community and Public Land, and Land lnformation and IVlanagement System.

COMMITTEE MEMBERSHIP

The Committee comprises of the following lvlembers

The Hon. Alex Miviru, M.P -
The Hon. Moses Ole Sakuda, M.P. -Vi
Chairman
The Hon. Bev Mutava Musyimi
The Hon. John Kihagi
The Hon. Francis W, Nderitu
The Hon. Eusilah J. Ngeny
The Hon. Raymond K. Moi
The Hon. Hellen Chepkrvony
The Hon. Sarah Korere
The Hon. Benson Mbai
The Hon. Kanini Kega
The Hon. Gideon Mung'aro
The Hon. Suleiman Dori
The Hon. Lawrence Mpuru Aburi
The Hon. Patrick Kingbla
Chairman The Hon. George Oner
The Hon. Mathew L. Lempurkel
The Hon. Shakila Abdallah
The Hon. Dr, Paul Otuoma
The Hon. Thomas Mwadeghu
The Hon, Ali A. Sharifl
The Hon, Francis Njenga
The Hon. Hezron A\,/ili Bollo
The Hon. Benard Bett
The Hon, Esther Murugi
The Hon. Oscar Sudi
The Hon. Onesmus Ngunjiri I
-1
The Hon. Julius Ndegwa
The Hon. Joseph Magwanga

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ACKNOWLEDGEMENT

Mr. Speaker Sir,

The committee wishes to register its appreciation to the offices of the speaker and the clerk of
the National Assembly for the support accorded to the Committee and the staff, in lhe execution
of ils mandate.

Let me take this opportunily to thank all Members of the committee for their patience,
endurance and dedication to committee business, despite their other commitments and tight
schedules, which enabled the Commlttee to complele this Report.

on behalf of the Departmental committee on Lands, and pursuanl to standing orders No.199
of the National Assembly, I now have the honor to present the Report and Recommendations
thereto for adoption pursuanl to the provisions of standing orders of the National Assembly.

Thank You,

SIG N ED

C HAIRPERSON

(HON. ALEX M. MWIRU, MP)

DEPARTMENTAL COMMITTEE ON LANDS

DATE,. tilu) rt_

)
CONTENTS OF THE REPORT

1 .
Committee Mandate 1

2. Committee MembershiP 1

3. Acknowledgement 2
.)
4. Contents
5. lntroduction 4
6. Findings 4
7. Committee Observations 14
B. Committee Recommendation 15
 I

1.0 INTRODUCTION

1 The Departmental Committee on Lands Toured TharakaNithi and Meru Couniy

between6thto 1 Otr' February, 2014 having noted the boundary disputes between
Communities in TharakaNithi and Meru Counties in order to address lhe issues
and get views from the local Communities.

2.0 FINDINGS

The Committee during its visit in Tharaka NithiCounty made the following findings;

2.1 HISTORICAL LAND INJUSTICES & CONFLICT IN MURINDA SUB.LOCATION

The Committee toured Murinda Sub-Location and was informed as follows,That:

2. The sub-location was created in 1997 out of Gakurungu location Tunyai Division,
It is located in the Northern part of Gakurungu Location Tunyai Division Tharaka
Sub-Country, TharakaNithi County, lt borders Kirendene sub-location It4itunguu
Location of lmenti South D istrict/Cou n stituency. Karocho sub-location,
Gakurungu sub-location and lastly Tunyai Sub-location of Tharaka sub-county.

3. The sub-location is the largest in Gakurungu location and residents live under
intense threats and intimidation from lmenli South politicians and lmenti South
land Claimers (see some copies of notices to vacate the land).

4 Historical injustices existed after independence in 1963 due to Pressure from the
Administration Police Officers from Mitunguu Location, Imenti South. The
Government of Kenya established the land office for land adjudication and
demarcation, the process commenced in 1964. At the time /eru consisted of
Tharaka, Meru, Tigania, lgembe, Mwimbi and Chuka less than one District
Commissioner who had an office in Meru Town. The adjudication process
commenced from Meru because it was the headquarter of the greater Meru
District.

5. The adjudication officers under the then land Minister the Late Hon. Jackson
Angaine from Meru visited Murinda sub-localion and demarcated land after
thatland officers in Meru, allocated tittle deed to other people from Meru and
other pa(s of the country leaving behind the real land owners (Residents) of
Murinda without title deed who were living in the area. However unknown to
Murinda residents they continued with their daily activities developing their land
whereas awaiting allocation of land or to be shown their beacons and get title
deed which n6vs1 h2ppsneci however after some vears they were surorised
bya ens (foreigners)who were visiting the area claiming to have title deed and
referring to resrdents as squatters. These action bread conflictsbetween the tifle
owners and those occupying the land; Later the lttle deed owners started visiting
the area with police officials and surveyors searching or the land whose ti e
deeds they possessed since they did not know its site and location.

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 offices i'e
6 The residents complained about the injustice by land official to different
the administration, political leader's minister and even to the President of the
RepubticofKenyathroughtVlemorandawithoutSuccess.Thisleadtothe
formation of the Zackary Ogongo Commission of lnquiry which on. its
finalizationofitswork'""om,"nd"dthatthepeopleofMurindashouldbe
gir;n il,"it title deeds which were given to other people who are not true
residents.

7 TheCommitteewasalsoinformedthattheresidentsofNlurindasub.location
have suffered greatty, economically, socially and due to that there is no
o"""r"pr"nt acivities in the area w-hi"h hrs been occasioned by the following
ues among others;
iss
a1 lacf of tiiie deeds which are important for development of the area political
lmenti and
ni rniiriortion by the provincial administration from souththeir
leaders who summon people and order them to vacate
land leading to
conflictswhichresultsintotribalandclanwars/skirmishesleadingtopeople
being arrested and Prosecuted.
.l Oirnii"*rf and interdiction of provincial administration officers from the service
surrender their
whose origin is the area to iniimidate resident so that they can
land.
them to surrender the
O) Serving the residents with advocate letters demanding
land or get arrested and be prosecuted '
e) Visitatio"n in the area by police officers and surveyors who then survey
the
land causing conflicts between residents and visitors
fl lntrusion and commencement of CDF project by exampleSouth lmenti Leaders which
" i"'irr"s;i ,na tor""rrrrv evicting residents, for- the police Post in
Xarimit<aatfri, NjuriNieke shiine in KarimaKaathi and Rwararwalchongi project
Dispensary whereas when the communities in Murindacommence
GuV ,t" stoppea e.g Matagatanl . trl !.e.ti road was stopped from being
irpl"r"nt"o under [KaziKwiVijana) KKV programme' when Muthitwa - Mbeti-
r<rio"no road,lVlagaii water Iroiect was stopped some- hired
due to the influence
homesteads declinedto allow waier line through their land
from the political leadership from lmenti South'
g) political ieaders from south lmenti extending administration boundaries an
ordertohavepowertograblandbelongingtolt4urindaresidentsand
commandingAreaChiefsa-ndAssistantChiefs,AdministrationPoliceand
District officer to summon Murinda residents ordering them
to know that that
they are under jurisdiction

B TheresidentsofMurindarequestedtheCommitteetosettletheselandin,justices
once and for all to enable current and future generations to live
in peace'
Gakurungu
s;;;";ir,'Cthey asked to be given tiile deeds intr4urinda sub-location,
Nithi County'
io.ution, n i, f.anga Wards, Tharaka sub-country' Tharaka-

5
2.2 MEETING IN KIBUNG'A TRADING CENTRE TURIMA DIVISION, THARAKA
SOUTH DISTRICT.

on wednesday 8th February 2o14lhe committee visited the area and was informed as
follows, That:

2.2.1 THE AMERU GROUP

9. The word "MERU" is thought to have been derived from the "Maa" Samburu
(uRU) language denoting the group as NDTANKTRT (the peacefur group) since
they were not warlike unlike the pastoral communities.The Ameru griup is made
up of the MBUGI AND MURUNTU descendants. Mbugi and Muruntu were the
two sons of Kambugi, son of Kirindi, son of ten according to the Tharaka
tradition.

10. "TharakaNithi county is made up of the children of Mbugi while Meru county is
made up of Muruntu group. The diversity is depicted by the use of the suffix
l'.,n" for Mbug's and i-ne" for Muruntus, I\Ibugi,s have twelve Njaus,(bulls) as
individual tartans while the Muruntu have none.TheAmeru are made up of the
following sub{ribes:-Chuka, t\Iuthambi, Tharaka, lgohi, lmenti, Tigania and
lgembe among the lmenti the generic group is the MiirigaMieru while imong the
Tigania is Kiriene and lastly lgembe , Mitiire sub{ribe is a hybrid of lgoji and
Imenti.

2.2.2 PRE-COLONIAL HISTORY

11. These communities had their own trival lands collectively owned by clans. At
lgairon, each group was assigned its jurisdiction by Mugwe.

2.2,3 COLONIAL RULE

12 Authoritative British rule was established by 1't District commissioner, lVlr. Horn
(Kangangi) 1906 - 8 where he created administralive boundaries on the basis of
areas occupied by each tribe; Tharaka community was bordered to the south by
lhe Mbeere, west by Chuka, Muthambi, N/wimbi and lgoji, North west by the
Imenti, in the north the Tigania and lgembe, in the east by the 'Galla
(Ukara/Boran) and in the soul east by the Kamba.

2.2.4 COMMUNITY LAND (ANCESTRAL)

13 TharakaNithi - much of lgambang'ombe division of Chuka/lgambangombe,

Tharaka South District, Tharaka North District including Meru National park,
Thagichu in Mwingi and Nth ig ira n i/M uthanthara in [r/beere.

2.2.5 COLONIAL BOUNDARY SETTINGS

(a) 1908 - Mr. Horn (Kangangi)

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14 set the boundary of Tharaka and iis neighbors from Thuci River
lvilr. Horn
Riamukoro-Kanduviu/MbitaYaKaarwa,tvlaigaMeru(Nduti),Gikuurani,
ugaaWalrianku-Maiga Ma lkamba-Karorom Ka Utune (Near Nyagene
It/
s"""ono,|-y School), YumbaniRiaKiija.lriaRiaNkandone, Gwatu River.[/urika,
i,g,tiririnl (tguruvaKunati) Turamba-Twiri-KarimaGaKarauki, Kithim Kia
M;s;;;. From" Kithima Kia Mugumo the boundary goes down the river(Tharaka)to Tana
niu"".. 1Thrg"n, River).The colonial chiefs were chief M'rwigoM',inanga
and Chief M pogoriWaKathe ri (Abothuguchi).

(b) 1938 D.c. MACKTON

15. Chiefs-Tharaka-M,MioroKiegeri,laterM,mburuguMutemaankuruigane
(f ."nii) X"nr,rburu; Chief Kaburuburu had requested
Chief M'Mioro to cede
I"r" 6.0 to his people for farming purposes, they therefore agreed for the
of their administrative areas as follows, from M utongaRiver,Kiiga Kia
"nr"g",
Nyu.iO"nu (Mutonga) Kirendani - Thingithu, Mukuyu was Kigonko' Kathima-
" kirigi.hr-Keria Ka Gatampanga-lgaRiaMware-Thangalha
H,fliriXrn i-fl, noorr,
eiidgu-Mrnyiitrni-M ukurikuruni-KaaiMu rambani-tr/luthithinaKwaM utugiRukungi-
Kithima Kia Muumo

(c) 1954 DC BUTT

16 M'lVlburugu
"but
wa Mutemankuru succeeded M'Mioro Kiegeri as the chief for
iharaka in 1953, was imprisoned during the state of emergency. M'Mugwika-
[/;N;;; succeeOeO nim wniie M,lr/lurithi Alexandar alias Kirugu was made chief
for Abothunguci (lmenti g rou P).

17 A new administration boundary was set as follows: Kiiga Kia Nyambene

Kl,
ir,/|ri""g#itrr" xi, Nderi_Muchogomoni-RwararutiGichangi-Gikongiro
iiit (Thingithu)-Mugumo was Kari a-M aigaNkanga-Mooga Rock-
"no"
Mariara/Kathita- rivei confluence IriaRiaMuuru-l\Iwonyoni-Karima Ka Ng'arura-
i;;R;;Nl;;;;-Nandora (Kirigicha) Thansatha bridse-Kithima Kia Mugumo and
from lhere down the river to river Tana.

(d) 19s4/95 NJURI NCEKE COMMISSION

administrative
1B This group based their recommendations on Adjudication section,
Uouniari"r and existing boundary beacons. The NjuriNceke Council of Elders
12 elders
was drawn from Tharaka, Niithi ind Meru Central and North District,
fromeachdistrict(total35elders).TheinecommendationswerevariedinTunyai
;;;;i;;y recommended the Mitunguu - Tunyai adjudication boundarv as the
boundary between Meru District and Tharaka District'

19 TheTharakagroupcontendedthattheboundarywascreatedbythethenfor
pow"rfuirvf ini"tEr for Lands and Settlements, the Late Hon. Jackson Angaine
sub-location. ln Tharaka
[rrpor". of grabbing Tharaka land including inMurinda
Gikingo location were contested
[rorrt.,' r".tionl Kindani (Macabini sub-location)
LV lrf'fninf.i" (N.iuriNceke Chairman, lgembe) However other changes in

7
.I

boundary were acceptable. The Kindani residents were later ethnically displaced
by lgembe group.

2.2.6 TASKFORCE ON BOUNDARY DISPUTES

(r) zAcHARY OGONGo

20. Mr. Ogongo came up with an acceptable proposition but his recommendations
were scuttled before implementation. The Ogongo Commission was acceptable
to the Tharaka Community and any meaningful settlement should be based on
time recommendation.

(ll) HtSToRtcALtNJUSTtCES

(a) BALKANIZATION OF THARAKA COMMUNITY

2'1 . During the colonial era, Tharaka was lhe only Meru sub{ribe that was rendered
voiceless and insignificant by deliberate balkanization; in that there was Thagichu
location as part of Kitui District, Nthigirani/Muthanthara in Mbeere (Embu
District), Kajuki and Kamaindi in Chuka (Kamingani and A/aginduri North and
South Tharaka were administered as part of South lmenti. Therefore due to the
split of the Tharaka Community rendered them as minority in every District hence
ethnic bias and discrimination which was the order of the day where the reigning
communities treated the Tharaka as fiefdom. This is evidenced by the rampant
changes in the administrative boundaries especially between lmenti and
Tharaka.

(b) HtvrNG oF coNSTtTUENCy BOUNDARTES/LOCATTONS AND

WARDS

22. Thagichu which was part of Tharaka Constituency was hived from Tharaka and
given to trlwingi in Kitui without the consent of the Atharaka.Parts of Tunyai,
Gakurungu (Murinda) Turima (Karocho and Turima) Nkondi (Mwanyani) were
curved out to create new administrative areas and wards by lmenti community.

(c) LAND GRABBING

23. Using Map, overlap, swathes of Tharaka land were alienated by way of a
deliberate adjudication procedure (Balloting) and issuance of title deeds in
disregard of the actual owner of the land. A series of ordinance survey maps
with shifting administrative boundaries were drawn.

(d) TRIBAL CRASHES

24. Residents of Macabini sub-location, Gikingo division (Kindani) were forceiuiiy
evicted by lgembe residents who were supported by the provincial administration
and police. This was cited in the Ogongo Commission report as Kindani
residents. The evictees have never been settled back to their ancestral land,
these issue strengthened ethnic cleavage and mistrusl.

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 (e) MERU GAME PARK (KENYA GAZETTE NOTICE NO' 4618 OF 3RD

DEC 1966)

The game park was curved out of the then North Tharaka sub-Location present
day iharaka North District.At independence, the area was listed as part of
lgembe Constituency instead of being part of Tharaka Constituency The
llembe Communitiei have never bordered with River Tana. The efforts to
reclaim it have fallen on deaf ears 50 years Since inde pe ndence.There still exists
Demand the return the same to Tharaka North District, Tharaka constituency,
TharakaNithi County.

(f) POLLING STATIONS

26 successful electoral commissions have refused to open polling centres in our

school in the areas contested by our neighbor (lmenti) although these schools
are in Tharakaconsituency (see our memorandum to the TRJC of 16"' November
2011 Article vi on the same) attached.

a1 SUBMISSION BY THE DISPLACED THARAKA PEOPLE FROM MACHABINI,

KINDANI,KARIMBAONTHEBORDEROFTHARAKAANDIGEMBE/MERU
NORTH DISTRICTS.

Members from thepeace initiative committee of Tharaka District appeared before

the
Committee on 8ihand made the following submission, That;

27. rhe government should intervene and resolve the ethnic clashes which began in
1997 between the lgembe and Tharaka people. The conflict displaced more
than
2,500 families. Seven Primary Schools were destroyed while several people
were killed during the conflict;
l.ThecurfewimposedbytheProvincialCommissionerforEastern
provinceinlggTandbeingenforcedbyAdministratlonPoliceofficers
based at Kathimani camp at ManchiKaibei's homestead be removed to
allow the over 2,500 displaced families to access their land
uncond itionallY.
2.ThesecuritypersonnelatGatithiniChief,sCampTharakashould
enforce joini patrol across Ura River togelher with security personnel at
Kianda in Meru North/lgembe to give people confidence of one
governmenttorestorethestatusquopriorto'l99Tevictionsand
curfew imPosition.
3.Ajointpeaceinitiativecommitteetobeformedwhichshouldinclude
Tharakalgembe and Kamba people for resettlement and peace
keePing.
4.AmUlti.seclorialtaskforceonTruth,JusticeandReconciliation
Commission to visit this area to establish and recommend on the
magnitudeofdamagecausedbythepoliticallymotivatedethnic
clas hes/cleans ing.

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 5. That the government allocate resources to reconstruct the destroyed
and closed schools namely;
(a) Karimba Primary School Code Number 84-069-03-023
(b) Kabangua Primary School Code Number 84-069-03-021
(c) It/punguru Primary School Code Number 84-069-03-024
(d) Ivlachabini Primary School Code Number 84-069-03-022
(e) Kanjoro Primary School Code Number 84-069-03-
o27
(f) Riamwanki Primary School Code Number 84-069-03-025
(g) Kiumbe Primary School Code Number 84-069-03-026
6. Officers from lgembe/lVeru Norlh District should not be allowed to
adjudicate, or allocate any land to anybody or organization within these
areas of Kindani, lvlachabini and Karimba before the government acts
positively on the mentioned issues.
7. The Government to provide the displaced Tharaka families with food,
clothing and shelter.
B. The Provincial Administration, Church leaders, tvlinistry of Education,
Ministry of Land, l\4inistry of Housing and Settlement be fully involved
in the process of resettlement and peace keeping.

2.4 MEETING IN KIBURINE (KWANG'OMBE) THARAKA

The Resldents of Kiburine appeared before the Committee and stated as follows,That:

28. The historical background of Tharaka people settlement in Kwang'ombe/Kiburine

dates as early as 1960according to the boundaries of 1954 imposed by colonial
Government which has never been changed in other parts of Kenya but changed
only in Tharaka. By then there was nobody living there from lmenti people. That
Tharaka people knows about the old boundary put by colonial government with
the agreement made by all elders from all corners of old lvleru, of major tribes
that is, Chuka, Tharaka, lmenti, Tigania and lgembr is that Tharaka people did
not close it. Naming a few eldersm Ntoainoti, M'Njurai and M'Ruito.

29. The Tharaka residence of Kwang'ombe/Kiburinefarmed, built schools, houses

and kept livestock. ln '197'1
, demarcation was conducted at
Kwang'ombe/Mathunka and land given to Tharaka peoplewho were living and
farming there however title deeds were given to lmenti people due to corruption,
canning and tribalism led by the then powerful IVlinister of Lands the late Hon.
Jackson Angaine. The title deeds were given to lmenti people replacing the
names of Tharaka community with the names of lmenti people by the time of
issuing title deeds.

30. According to Cap 284 Laws of Kenya, if one is found living in a piece of land
she/he has the right to own it. Because of corruption and tribalism used by
surveyors with lmenti people, they gave the land belonging to Tharaka
community to lmenti people.

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 After taking BuuntaPi'inary School later they have started interfering
with
31
iriri,"frl rtf,r-inf,, Primary Sihool administration This school was
under Gatunga
it to Nkabune
Crtf.rof Mission sponsorship because of this corruption they took
i. to Tharaka but
r,rrilri". in lmenti however the administration of the school belong
people were not
DEB. Tweru market was plotted where by now lrilutharka
'pon'o'"r]ipisinNkabuneinlmenti.Duetothiscorrelationtheschoolisunder
allocated even one plot even those who have built there
have bought the land
Tharaka people have
iro* t*mtr.nti people. Since all this period of time
lrft"r"o. ln earty people from Tharaka i98ot *ut" arrested this
and imprisoned
was the years of
if-r"i"Uy tn"i, sfram'Oas in the hands of lmenti people As
iortrr"' rnO persecution, sonre lost their lives eg KinyiaMbuthu
husband to
and others were.
Jenifferciamwarario whose shamba was grabbed by Ntimi
;;;i;"1"; egMwithiKithiirawholseshamba wai grabbed by Thiora lVlany people of
Tharaka are landless even todaY'

others; .
32. That the P roblem being faced by the people are among
1. Eviction from our parcel of land (continues up to-date)
2. Lack of land to farm
J. Continuous hunger
4. Lack of education
Lack of shelter
t'' Poor health
7. lncrease of squatterlism

the truth of the boundary of

33 lf the government of Kenya cannot be able to extract
part of Kenya which
ih;;ri, community put by the colonial government as.other
,i" not tei ii see; assistance from the international communities
"f,ung"O
34 That Marimanti via I\Iitunguu and Nkubu, stopping point was
at It/kandune/
(lt/ukuvuni). the other poini near lVlitunguu where currently there is an . airport'
i;;;"'c;i;"c;tung, uia Mukothima, other stopping was at Kithingirini near
(tt4urika market) phvsical features, Mountains, Kiagu Mountains also Mt Niuguni'
i,iil r<ilir']1"v' ar6 witnin Tharika land for it was Tharaka people who
put

roiourry and tiigonometrically points on top of these mountains'

When the government of Norway offered to support

Kenya in irrigation' the
35
personnel who came.put
pi"l".t *rtirigeted in Nkondi in iharaka however the
I ioi ot "iiort. jo mark major areas of workTharaka..land
along R. Kathita these people had
and when the British
gulding mrps for they werL working within
Inu"r,ir"ni brouqht new cross breed crops e.g. Millet, sorghum, greensites at
grams
il.o;;;;;nJr, rril, Robert tee a European was given a triat test
at Kanyaga at the shamba of
Iyi;;*;.ii near BTL buitdings the other oneLocation
X"i"Ur'.if,. former assistani chief of Ntugi This man had a maf')
r'fl"W"g l,Xt. Kiaguwhich guided him to go and put another site at
Kibu rin/Kwa ng'om be.

pure clean water for

36 when sweden's GT came to assist GT of Kenya in getting
never moved oulside
drinking they had a map which was clear and true for they
1i
 to any other community land. They dug boreholes within Tharaka
land one at
llt{9rgla Primary Schoot at ihe Joot of Mt. Kiagu.The other- Two
lriaRiaMathunka primary schoor Kwang'ombe camp ,n-d som"
arong the
boundary line eg. Rurii, Kirigicha, Kangurini, Gatithini and so
on.

37' Mt. Njoguni is in Tharajka, even Meru Nationar park among

other parks given to
government of Kenya, the erder of rharaka lrrlr. simon -Guachu
signJo it a"
Tharaka land.

38 When East Africa community was formed, they had some areas
of work. When
they came in Tharaka, they borrowed the land at lriariaMathunka for
demonstration to fight tsetse fiy for Tharaka community. rney
tept rreros or
cattle and that is why it. is cailed Kwang'ombe. when ii decrin
ia in'rcta - n,
the land was left in the. hands of rharaki peopre as it was before.
when sheep
and goats project was brought in Tharaka, the major base was
at Marimanti and
the other one was at Kiburine/Kwang'ombe.

39. That theexpectations of the residents are as follows

a Stop the eviction process
b Resettle the evicted people to their former land (shambas).
C Revoke title deeds which were issued through corruption, canning
and
triba lism
d) Preach peace and reconciliation
e) Compensate affected people.
r) lriaRiaMathunka Primary School is in tvlwanyani Location, Nkondj
Zone
s) Send an expert of Archeologist to disputed area assist in excavate
ruins and other evidence of our former set ements.
h) Rescue the land left on hands on Tharaka people
by East African
Community after her decline in 1976 that these people of lmenti
are
planning to grab it from TharakaNithi county
j) Settle the TurimaTweru
market and return it to Tharaka County.
2.5 CONFLICT RESOLUTION MECHANISM IN THE UNDERLISTED
AREAS FOR
PEACE ST,ABILITY COHESION DEVELOPMENT ON LAND
AND INSURANCE
OF TITLE DEEDS RESETTLEMENT OF IDPS/SQUARTTERS

39 Due to the record of past conflicts skirmishes and other forms

of interventions to
restore peace and cohesion to the worrying communities of Tharaka,
Kamba,
Tigania, lgembe and rmenti at. the borders of rharakaNithi and
Meru counties the
Committee was informed that the government should:_

a) f1q91ttv^i1p-lement ogongo Taskforce Report cazette Notice No. 6064 of

1141) 2nrle in iro f,,ll
^^^r^^r
-
b) To allocate financiar resources to comprete rand adjudication process which
ogongo Taskforce had -o*nuru
.started using cap 284 and Gps to giul iund
numbers and tiile deeds in the foltowing areas; Mukothimal
tfriiti, Gatithini,

12
 Kirundi,Kioru,Riamikur.r,Kirumone,lgarii,Kaniagi'tvlurindaKathuura'Turima'
as hoispots due to land scramble'
H;;;;; unJ (rr.o.r,o *r'i"r' 'i" identifLd and
To resettle over 3500 rl'''x' t"'iii"s rebuild primary schools destroyed
c) of 1997 between lgembe
who were evicted by tn" g-o""'n;"nt during clashes
and Kamba against Tharaka PeoPle
,e'l;iKili;Jine ,B' adiudication sections of lgembe south
d) To nuilify Amung,enti
District which allocated prr."rr ir.a to rich and government prominent people
"i Tharaka people were evicted in areas
tike Hon. Stephen XaronzottltusyoXa after
Karimba'
of Kathimani, Kioru' riamikuu, Kindani' Machabini.and
,8,"i-;;; nJirJ|Crtion section of lmenti central this is
'' To nuilify Kiamuri
e)
ilii" adiudication section of rharaka South
District
"r".i"ooi.n'r,Iiin-xu."rto 'no
To compensate peonle who were glven title deeds in areas of
0 tn6 titte deeds be re issued to Tharaka
Kwang'ombeRiamatnu n[a] ru'u'ra anO
occupying the land
p"opiE *ho are the current residents and are currentlv
areas, of
g) To compenrat" p"opr"- *ho *ur." given title deedi.jn. -1y::-:*"
'' Trmbrrr, riamathunka, Kan.iagiMurinda' KwaAngaine'
if these titles are genulne'

40. The Committee further heard that

to complete the exercise and
a) The government should recall the Ogongo team from both TharakaNilhi and Meru
include at least one putton-in tf'" Coimilsion
and the implementation of
counties in the government implementing team disputes'
;;;;t ogongo dommission's recommendations on land
KiraituMurunsi bought land while
b) Kithino Farmers co.prn'i'iio o;;iJ iy Hon
previously allocated to the late Hon
squatters were living insidl but this land was
Jackson Angaine.
committees who will maintain and
c) The government to form joint peace and land
sustain peace and th" bordering sub-counties of TharakaNithi
;;;;
"on"lion
and Meru. to steal Tharaka
d) An illegality in land adjudicatron should. notchanges
,b-e- -employedeffort to legalize it
in an
community land by craftrni ii-'itting boundary
An adjudication ,r", "no'iri not Jxtend to
anothei administrative section Any
detailing them as part of
title deed in Murinda, f<"'"tft", iu''ma 'nA Nkondi lgemebe are illegal and
or
adiudication section in i;;;; liy';;"ne'.Tigania protecl
fraudulent and this rule iike;ise and set a precedent to
"ornrniti""'rr,6uld grabbers
marginalized communities from land -
on inarat<a Community should be settled
now
e)
-' The detailed historical i;;r;ti;".
by the supreme law making body
(Parliamenl)
boundaries should be carried out' sub unit
0 o;'i';-;i;no auoit ot 'Jil'initt"tiueinterest overlap investigations be carried out
by sub-unit and where
to settle the anomalY.
' ""tif"i "f
,,
c)Thei(iijDAiiiiDPsshoiiidbeieseiiied,uaukiotireirianciratiterthancjismiss
i#;"il;";; "r 6o orl" ilor" after their deeds of land ownership and
occuPation were destroYed'

13
 2.5 MJINI & SALAMA VILLAGES

41.The committee Visited Meru counry and r\4eru town having been
invited by the
Member for Meru town Hon. Dawood on 7rh February z6rq rhe commrttee
visited Mjini and Salama Villages and was informed as follows, That:

a) They were leaving in the area as squatters and the area has been reduced
to a
slum and the government has ignored them.
b) ln 2000 Allotment letters were issued to villagers having made the necessary
payments to the Ministry of Land.
c) The residenls are currenfly paying the required rand rates for their prots,
d) Planning was done in the area in 20oB and a map for the area approved in 2009.
e) The residents confirmed that they have file numbers from Ardhi House, the
headquarters of the Ministry of Lands.
f) The residents also confirmed that they have no lease or tifles for their plots
and
out of the g4 plots only 55 owners have paid for the tifle deeds which have
not
been issued.
g) social mapping was being undertaken by the Ministry of Lands in the area, with a
view of upgrading the srum with the herp of donors rhough the Department of
slum upgrading.

2.6 MAJENGO VILLAGE

43 The committee visited in Majengo Villages and was informed as follows,
That:
a) The first settlement in the area was in '1926, where the original settlers
bought
the plots for about Kshs.425.
b) BB years later the descendants of the original set ers still have no tifles
for their
plots.
c) The land measures 7.6 hectares (ha) an equivalent of about 1g.7g acres.
d) Physical planning had been done in 200g and a map for the area drawn.
e) The residents confirmed that they had no allotment letters for their plots.

!{ eo ru rvtlIIE ES g B_qEBY4llo N s
THE cOMMITTEE OBSERVED tN THARAKA NtTHt COUNTy THAT:-

1. The historical background of rharaka people set ement in Kwang,ombe/Kiburine

dates as early as 1960 according to the boundaries of 1954 impJsed by coroniar
Government which have never been changed in other parts orKenya,'bui
were
changed in Tharaka.

2. There is insecurity in Murinda due to historical land injustices hence there

is no
peace and further residenls have been denied title deeds in Murinda sub_

14
 sub-countr;" Tiraial''a
location, Gakurungu Location, Chiaaringa Wards, Tharaka
Nithi County.

3. The Ogongo Taskforce Report Gazette Notice NO 6064

of 11412 - 2008 was
not im[lenrented in its full content by the Government

4. Over 3,500 Tharaka families are displaced and primary schools

d:ttt:l:l,1"119
against Tharaka people, Ine
clashes of 1997 between lgembe and Kamba
Primary Schools include;
i. karimba Primary School Code Number 84-069-03-023
ii. Kabangua Primiry School Code Number 84-069-03-021
iii. Mpung-uru Primary School Code Number 84-069-03-024
iv. Machinini Primary School Code Number 84-069-03-022
,. Xrnjoto Primary School Code Number 84-069-03-027
vi. Riamiku Primary School Code Number 84-069-03-025
vii. Kiumbe Primary School Code Number 84-069-03-026
5.Thereisinsecurityandlackofcohesionamongthepopulationlivingalongthe
borders of Tharaka Nithi and Meru.
the 1997 clashes'
6. There are IDPS still living in KINDANI as a result of

THE COMMITTEE OBSERVED IN MERU TOWN THAT:.

as Mjini'
1. There are squatters living in slums in Meru town in such villages
Majengo and Salama and Shauri Yako slums'

2.ResidentsofvillagesinMerutownhavenotbeenissuedwithtitledeedsdespite
- nruing piiO tot th-em and being in possession of allotment letters'

4.0 COMMITTEES RECOMMENDATIONS

THE COMMITTEE RECOMMENDS THAT:.

1) The National Land Commission and the Ministry of Lands' Housing and Urban
'' ;;";;;;;i i"iirl;"i"in",t" maintainis
land committees with a view to
and sustaining peace
'noalong the bordering
and cohesion sub-counties of Tharaka
Nithi and Meru
and Meru in their
2)' The National Land Commission to include Tharaka Nithi provided b''- the laYJ'
inqrriry into lancl historical injustices and seek redress as

3)TheNationalandCountyGovernment,Church.leadersandthelvlinistryofLands'
process of resettlement
Housing and Urban Devllopment be fully involved in the
addressed'
and pelce keeping once historical land injustices are

15
 4) The security personner at Gatithini chief's camp, Tharaka shourd
enforce joinr
patrol across Ura River together with security personner
at Kianda in Meru
North/lgembe to give people confidence in the government
so as to restore the
status quo prior to .,l9g7 evictions and curfew imp-'osition.

5) The county Administration, the Nationar Government representatives

and
security agencies should form a joinl peace initiative commiitee
to include ihe
Tharaka, lgembe and Kamba people for reset ement and peace
keeping in the
area.

6) The Ministry of Lands, Housing and Urban Deveropment shourd imprement the
recommendations of the zachary ogongo task force which directed
ihat land on
the common border be adjudicated.

7) That Parliament should allocate resources to the relevant Ministry and compel
the Mlnistry of Education, science and technorogy to reconstruct
irre oestroyeo
and closed schools in Tharaka County namely;
a. Karimba primary School Code Number 84-069_03-023
b. Kabangua primary School Code Number 84_069_03-021
c. Mpunguru Primary School Code Number 84-069_03_024
d. Machabini primary School Code Number 84_069-03-022
e. Kanjoro Primary School Code Number 84-069-03-027
f.Riamwanki primary School Code Number 84_069-03_025
g. Kiumbe Primary SchoolCode Number 84_069-03_026

THE CoMMITTEE RECOMMENDS lN MERU COUNTy THAT:_

The Ministry of Lands, Housing and Urban Deveropment shourd issue

tifle deeds to
residents of the virlages of tr/jini, Sarama,shauri yako srums and rvrajengo
in rv"i, to*n

16
 lurl . r. lr,rt 1r,
.!l\trltl\Lar LtDt

DEPARTMEI{TAI COMMITTEE ON LANDS

lr
DArE:tt[tt\l+ wNUE: w -r T5\lk , s},'
AGENDA:ADoPTION or rrIE REpoRT oN r.rrND ADJUDTCATT.N Issuns rN
NTIHI COLINTY
MIRU & TIIARAKA

NO. NAME TITLE SIGNATURE

1 The Hon. Alex M wlru, M.P. (Chairperson)
2. 'l'[r e Hon. Moses O
da, M.l' (Vice
Charr rsorr)
iJ I tlc IJon. Onesmas gur1ir.i, M.t,.
1Lu
4. The Hon. M utava Musyinli, M.t,.
5 The Ho n. John Kihagi, M.p
6 The Hon. Fr.ancis W. Nderitu, M.l,
t\V
\v1 e-.r-t -.:..,.2
7 'l'he H on. l'rancis Njenga,
M.1,.
8 'l'h e Hon. A. Shariff,
M.p.
The Ilon. Eusilah Jepkosgei, M.t,.
rO 't'he H on. Benar.d Bett,
M.p.
ir^!-wv*a;
11. ]-hc Hon. Kr pruto Moi, M.t.
rr
12 The l{o 11. Oscar Sudi, A4.p
I3. 'l'he FIon. Hcllen Ch epkwony,
M.P
14. The I{ orr. Sarah Korere, M.F -,.)
15. 'fhe Hon,
Jtrl ius Ndegwa, M.lt Y\\c,l".-!.ar
16. Th e Hon. Benson Mbai, M.l,
17 'l.irc H on. Kanini
I(ega, 44.1,.
18. 'l'he Ilon. Esth er Murugi,
M.t,
'l'lie Hon. Gid eon M. 7l*-t-^-r{e.n--r ,\ 9_-
19 Mung'aro, M.p.
20 'fhe I{on. H ezron Awiti Bollo,
M.p
21. The Hon. Sul ernran f)ori Ra rrradhani, M.p.
2 l'he Ilon. G eorge Oner Ogalo, M.p
2':i 'l'he Hon. Lekid rme kmpnrkel
Mathew, M.p
24 The Ilon. Shakila Abdallah, M.P.
25. l'[re H on. Pau[ Otuoma, M.p
26. 'l'he I{orr. Th omas Mwadeghu.
M.p.
27. 'l'he FIon. M agwanga.[oseph
OyLrgi, M.p
28. The I'lon. Ab uri Lawrence Mpur.u, M.p
Xx^n.^,,.^)--'<Z{
29 The Hon. K ing'ol a Patrick Makar.r, M.p
I
ROO ON i.IOUSE AT 10.00 A.M

PRESENT:
1. The Hon. Moses Ole Sakuda, M.p Chairing
2. The Hon. Mutava Musyimi, M.p
3. The Hon. Francis W. Nderitu, M.p
4. The Hon. Onesmus Ngunjiri, M.p
5. The Hon. Francis Kigo Njenga, M.p
6. The Hon. Hellen Chepkwony, M.p
7 . The Hon. Joseph Oyr:gi Magwanga, M.p
8. The Hon. Bernar.d Bett, M.P.
9. The Hon. I(ipruto Moi, M.p
1O. The Hon. Patrick Makau, M.p
i 1. The Hon. John Kihagi, M.P
12. The Hon. Ber.rson Mbai, M.P
13. The Hon. Julius Ndegwa, M.P
14. The Hon. Suleiman Dori, M.p
15. The Hon. 'Ihornas Mwadeghu, M.p
16. The Hon. Eusilah Ngeny, M.P
17. The Hon. A. Sharifi M.P.
18. The Hon. Dr. Paul Otuoma, M.P
19. The Hon. Esther Murugi, M.P

APO LOGIES
1. The Hon. Alex Mwiru, M.P. Chairperson
2. The Hon. Kanini Kega, M.P
3. The Hon. Gideon Mung'arn, M.P
4. The Hon. Mpuru Aburi, M.P
5. The Hon. Sarah Korere, M.P.
6. The Hon. George Oner, M.P
7. The Hon. Hezron Awiti Bollo, M.p
8. The Hon. Mathew L. Lempurkel, M.p
9. The Hon. Shakila Abdallah, M.p

ABSENT
l. The Hon. Oscar Sudi, M.P.

KEI{YA NATIONAL ASS EMBLY

1. Mr. James Ginono Clerk Assistant I
2. Ms. Ruth Mwihaki Clerk Assistant III
3. Ms. Noah Too Research and Policy Analyst
4. Ms. Lyuette Otieno Legal Counsel II

NO. DCK/ lj\I./2074/239 PRELIMINARIES

Tlre Clrairman called the meeting to or.der.at IO.ZO a. n with a worcl of pral,gf
t rr /o/\a r lo r^ l f\/.\ryTry,.\ I\Y /.\F rrr
,4.! t Z/V Lrl ZJ+W aral\-/r rr\-/rt \.rt trlL al\rrfrlr^.
The agenda was adopted after being proposcd by the Hon. Esther Murugi, M.P and seconded by
the FIon. Bernard Bett, M.P.

NO. DCI(/LN /2o74/241 CONTIRMATION OF MINI]-IES

'l'he minutes of the 93'd sitting held orr 'l'l:rursday z3d octobcr
zol4 were proposed by Hon,
Flarr cis Nderitu, A4.P and seconded by rhc IIon. o,esnru.s Ngunjiri, A4.p as a irue r"ecord-of the
 I

proceedinSs and signed by the Chairman

/2074/242 MATTERSARISING

1. Yide MINUTE NO. DCK,zIN,z2O14l225(i) Auction of tand in Kajiado West Constituency

Members were infornred that the date of the plarrned Auction of public larrd in Kajiado West
Constituency was 27th November 2013.

MINUTE NO. DCK,/LN,/2O14/243 SUBM]SSIONS IROM TTIE CABINXT SECRtrIA,RY FOR

LANDS.FIOUSING AND URBAN DEVELOPMXNT

Members were informed that the Cabinet Secretary had not confirnred her altendance in the
days meeting despite various attelrpts by the Secretariat to contact her office on Monday lOth
November to confirm attendance.

Members noted that the Committee had not received a forrflal Communicafion from the Cabinet
inforn,ing the committee that she would not atten.{ the sitiing. Members further expressed their
displeasure with the failure of the Cabinet Secretary to appear before the committee even orr
matters which she had prior Committed herself to. Menrbers observed that the actions of the
Cabinet Secretary in snubbing Committee invitations wele rendering the Committee impotent
and unable to fully perform its oversight function

Members also noted that the Cornmittee leadershrp had failed to provide leadership to the
Cornmittee noting that the Conrmittee had not achieved uruch in the one and a half years of its
existence.

The Committee resolved to hold a press briefing at 1.00 p.m to address the issue of the Cabinet
Secretary snubbing Committee invitation and exorrerzte itself.

The Committee furlher resolved to hold an in house tlleeting to deliberate ou the Committee's
leadership aud look for a way forward.

MINT]TI N o. DCK/LN/201,4/244 ON CO I
EYICTEES O}' GALLERI-A AND THE EXPANSION OF
LANG'ATA ROAD

The Report was adopted after beirg proposecl by the Ilon. Berrlard Bett, M.P and Seconded by
the Hon. I{ellen Chcpkrvony, M.P with the following amendments:

The Committee obseryed TIIAT:

1 . I(URA had erred by entering into verbal agreelllents with the land owner's in regar:d to taking

up their properties pending payment.

2. Payment should bc tair', prompt and just and payirrg orrly five people in fr-rll would amount to
discrimination agairrst the 20 land owrrer'.s rvho.se pr"operties had already been taken over by
I(URA.

3. The valuation of IGlrs. 1,037, 813,089.00 was excessive and an inflated cost in comparison
to the initial estimate of Kshs. 45O million leading to mistrust as to whethel valuation was
done with due diligence. (Valrration attached)

The Committee makes the following recommendations, TTIAI

2
 l.The A4inistry of the Interior through the Criminal hrvestigation Department and the Ethics
an{ 1t1ti Corruption commission investigates the alreg"ed ro" fl*
"on.pi*"y
and inflation of the cost of the Land in question with a"view to prosJcute p,or""rtJrti."
io""a to
be behind the scheme.

2'The Ethics and.Anti- orruption commission to investigate the Managers in Kenya Urban
Roads Authority (KURA) who c91ryltted public fund1 in informal ireeting, ,;J
interactions, with a view to establishing if they are fit to hotd public offic&nJ instrgate
"usrut
measures to ensure that any made by KURA and other parties in fut're
_agl'eement
touching on public funds shouldbe in writing.

3.In-future, calculations for comp_ensation should be integrated in the road designs to allow
for costing and budgeting for the compensations.

4.The National Treasyry should co.sider prioritizi.g o, compensation for land on

cornpulsory acquisifions whilc allocating funds to runa in the supplementary budget.

NO, DCK/I}I /2o74/245 AI) omoN or REPO RI ON'IHE o['

LAND BELONGING TO CHORI-IM OPERATIV'E

The Report was adopted aft-e1. bging pr.oposed by trre Hon. Thomas Mwadeghu, M.p and
Seconded by the Hon. Francis Nderitu, M.p with the iollowing amendments:
The Committee makes the following observations TIIAT:

1. No documentation showing owne.ship of the Land ca. be produced by the Government

Forest Department.

2. The coordinates of the land as observed fi.om the Global Positioning Systenl equipment
showed that the area in questiotr is outside the Forest Land.

3. The Forest department in the area were actinS with impunity and harassing the people in
the area.

4. The gazzetme,t of the area as forest larrd was influenced by political reasons.

5. The inhabitants of the area had. paid the Governnlent some nloney and issued with
allotment letters.

The Committee makes the following recommendations. TIIAT:

1. The through- the Minrsfry of Lands, Housing and Ur.ban Developnent should
" .governn-rent
formalize the allocation of the land to the shareholderr if the Cooperative Society and a
directive issued to the forest departrtent to forthwith cease harzssing the people anJ tL rracate
the land.
2 The Sovernrnent lhroygtl the Ministry of Lands, Housing and urban Developnlent with the
I'eleval1t ageircies should institute investigations with a view of establishing the status and
ownership- and subsequently resettling and,/or compensating the people &icted- irom the
land.

MINUTI NO. DCK,/ IN/2014/246 AT)OPTION OT TIIE REPORT ON I.AND ISSTI$ IN TAITA,/
]AyI]IA COT'NTY
3
 .1

The Report was adopted after being proposed by the Hon. Joseph Magwanga, M P and Seconded
by the ilon. Esther Murugi, M.P with the following anrendments:

The Committee Made the followirg Observations in T aitaTaveta Counfy, TIIAT:

1. The boundary had been tampered with.
2.
- Damages haa been caused by the nianagenrent of Teita sisal Estate in 1991 at Majengo
crop were ploughed down without NOTICE when there was no court case aud
'^,t,."Jfooa
obstructing Colimunity devilopments leading to the grabbing of land by the.Sisal Estate.
S. iisat policJ Patrol is ujed by the Sisal Estate irranagement as a private security institution to
intimidate il'lnocent people of Singila Majengo

The Committee made the following observafion in Taveta Sub-County, TIIAT:

1, There are activities by larrd officers in Taveta Sub County and the beneficiaries to the
scheme that needed to be stopped forthwith to pave way for thorough investigation and
audit by the National Land Contntission atrd other relevar-rt bodies'

The Committee makes the followirg recommendations' THAT:

The Committee recottttleltds as follows, THAT;

A. GENERAI RECOMMXNDATIONS
t. ihe Milistry of Lands, Housing and Urban Developmenl and the National Land Comurission
shoutd bring proposali for legiilation to ensure tlrat investments in property benefits local
co,u.unityind tireir economy as provided for in Article 66(2) the Coustitution.
2. The National cohesion and Integration commission should intervene for the pulpose of
averting possible land based ethnic clashes in the County.

3. The National Commission on Hut11an fughts should intervene to ascertain the outright arrd
blatant breach of the Bill of Rights (chaPter four of the corrstitution)'

4. The Constitution Implementation Cor1lmission intervenes to ensure that the entire prccess is
corrstitutional, and that all respective Govenrrrent Instittttions and State agencies undertake
their respective responsibilities accordingly.

5. The Naholal l,and Commission to initiate an incluiry into land historical injustices in
Taita/Taveta County and seek redress as provided by the law'

6. Title deed alci Deed Plarrs be reviewed in the entir"e county aud Land lease reviewed to
establish whether its terms have expired or not, and if it was renewed without legal
procedures followed,be revoked and the land be given back to the community'

B. INTETTASISALXSTATE

l. The Mirristry of lrrteriol arrd Coordinatiou of Goventureut shor"rld with inulediate effect
r.eurove all illegal Road blocks on public roads and allow members of the local cotnurunity
acce,qs to prrblic-r:oa-cl.s r*ritho,-tt ccr..dltions in'l'eita Sisal Estatc ai',d its i.ieigLborlioo,l.

2. The Ministry of Lands, I{ousing arrcl Urban Development through the _Director.of sLrrvey
should carry oLlt a survey with iview to ascertairr the boundaries as per the-records of 1 992
fronr the Sur.vey of Kenya, so as to separate the 33,000 acres tliat belorrgs to Teita Sisal llstate
(LR Nos. l.R 3380,/5 (3880/4/R), LR 1 1378, LR 6924 and Ll( 9487(Dam) with a total acreage

4
 J 'i

of 33,284 acres), a.d the neighboring trust rands, so that the rest is given back to the
communit5r.

3. The Gove-rnment through the Ministry of La,d Housing and Urban Development
a.d the
National Lands commission should determine if there]s ury
tr.," .ora,
"n"-u"h-"ri'on
airstrip-, sancfuary, trust land around Tasha H I and ra way res""r;, tt i;i;'iirut rrtut.
Limited.

4 Teita Sisal Estate Limited _should compensate the neighborirg indigenous citizens for
other rosses-and damages for Jr their "y"u"s or iti"ja occupation
ili.l-1,,-l l.-!i?-cultural,
and the explortahon of the resources of the areas occupied illegally if any.
5. Damages cau,sed by the man€ement of Teita sisal Estate in r gg I i, Majengo when
food
c,rops we'€ ploughed down without NOTICE when there was no court
casi and obstructing
Communify developments should be fully compensated.

C. INMWATATE
1. The National Land cornmission, Ministry of Lands, Housing and lJrban Developmelt
a1d
otlrer stakeholders should fulfill their legaL mandate of idJrtification of f"n.fii*ri", ,na
adurinistration in settlement programs in -Taita Taveta, Coast and other pu.i.-oilt co"nt"y
"
urgently. This will facilitate- the long awaited access to land ownership'a"a n,unug"*",.,t
uy
residents of Mwatate (Singila Majengo), Taveta and other parts of the
ii"%tio., ia+
of the Land Act). "o""t.y
2. The Mwatate settlement scheme settlers should be given title deeds.

3 The Gov.ernment through the Ministry of Trarrsport and Infrastructure should establish
why
the public feeder road that links the Voi - A4witate road with the voi Mrvatate
- -iaveta
Moshi Railway Line (1911) near Mwatunge entmnce gate have been blocked and measures
-

put in place to re-open the roads and railways.

D INTAWTA

1. I(enya Ethics and Anti Corruption Commissiou sliould institute investigation against
Settlenlent Fund Trust (SFT), the Taveta l*nnd,.s Office and the entire land alloCation
comnlittee, for the purpose of unearthi rrg corruptiou and fraud committed during ISSUanCe
of title deeds

2. The National Land Courmission initiates an audit for the list of beneficiaries and the entire
process leading to Iand allocation iu the contentious Taveta senlement scheme.

3. The Commission of Adn.rinistrative Justice (Otnbudsman) should investigate and take action
against public officer:s (Taveta Land's office, the cDF office, the provificial aan i'r.irt"ution
and their collaborators involved in the distribution and allocation of the tuueia S"itte.,r.nt
Scherne Phase I and IL

MTNUTE NO. pCTVLN/_2O74/247 ADOpr.roN ol TH.E REPORT ON I.AND ADruDICATION

ISSUES IN MXRI] AND T:I-{ARAKA MT}II CO TINITES

The Report ya.s adoqtg.d after being p'oposed try the Hon.
John Kihagi, M.p and seconded by the
Hon. , M.P with the following anrcndnrents:

The committee observed in Tharaka Nithi County thaf-

5
 dates as
1.
' The historical background of Tharaka people settlement in Kwang'ombe/Kiburine which
imposed by colonial Government
;;.1"; i9G0 aoco;ding to ihe borndu"iet bf tSS+ r /ere changed in Tharaka'
il; ;;r;;;."; changJi in other parts of Kenya, but
hence there is no peace and
2. There is inseculity in Murinda due to historical land injustices
- il*r.r"" residents hrre beer,, d.nied title deeds in Murinda sub-location,
Gakurungu location,
iiiuarrngu W urds, Tharaka sub-couutry, Tharaka- Nithi County'

3. The Ogongo Taskforce Report Gazette Notice NO' 6064 of 77412 - 2008 was not
implemented in its full content by the Government

4.
" over 3r5OO Tharaka families are displaced and primary schools destr''oyed during clashes of
-i. i"t*".n
-tSgT - lgenrbe and Kamba agai,st Th araka peop^le, the Primary Schools i,clude;
fa.i*Ui'Primary School Code Nunrber 84-069-03-023
ii. Kabangua Primary School Code Number 84 -069-03-02|
iii. Mpunluru Primaiy School Code Number 84 -069-03-024
;. Uacnatini Primary School Code Number 84 -069-03'022
,. Kanjoro Prirnary Sthool Code Number 84 -069-03-027
Riamiku Primary School Code Number 84-069-03-025
"i.
vii. Kiurnbe Primar"y School Code Number 84-069-03-026
living along the borders of
5. There is insecurity and lack of cohesiouauroug the population
Tharaka Nithi and Meru.

6. There ar.,e visible signs of historical injustices imbedded ol1 the Tharaka Community.

There are IDPS still living in KINDANI as a result of the 1997

clashes'
7.
The Committee Observed in Meru Town that:-

l.TherearcsquatterslivinginslumsinMerutowninsuchvillagesasMjini'Majengoand
Salanra.

2. of villages in Mcnr town have not beeuissued withtitle

Residents
deeds despite having
paid for them and being in possession of allotment letters'

The Committee Recommends That:-

National Land Comniission and the Miuistry of .Lands' Housing ald Urban
" The
1)
O"v"lopn,"nt to form joint peace and land committees with a view to
maintatnilrg and
Nithi a.d
,uriui"ing peace and Lohesion alo,g the bordering sub-counties of Tharaka
Meru.
'l'haraka Nithi and Meru iu their ir,quiry irrto
2) The National Lancl Comntission to include
Land tristorical injustices aud seek l'edress as provided by the law'

'-' Tire Natioual

3) and Courrty Goverument, Churchleaders and the Ministry of Lauds,
iio,rrlru atrci urban Deveiopr.ent be tllly involved in the process of rcsettlelllent and
peace lieepirrg once historical land injustices are addressed'

persotruel at Gatithini chief's calnp, ]'haraka

4) The security-fuver sl'tould enforce joillt patlol
acl:oss ura togcther with seculity personrrel at I(randa iu Meru North/lScmbc to
g"," p""pf" confideice i, the gov6rnnient so as to restot"e the status quo prior to 1997
6
 evictions and curfew imposition.

5) The county Administration, the National Govern.lent representatives and security

should form a joint peace i.itiative comminee to i";i";t ih" T;".^tr,1g"*u;
ug".n:-r"s
and Kamba people for resettlement and peace keeping in the area.

6) The Ministry of Iands, Housing and, lJrban Development should inrplement the
recommendations of the zachary ogo,go task force wirich directed thaliani on the
comrron border be adjudiiated.

7) That Parliament should allocate resources to the relevant Ministry and compel the
Ministry of Education, Science and technology to reconstruct the de"stroi; u.,d
schools in Tharaka Couuty namelyl "losea
a. IGrimba Primary School Code Nurnber g4_O6g-Og_OZs
b. Kabangua Prirnary School Code Number g4_Cr69_0g-021
c. Mpunguru Primary School Code Nurnber $4_069-03-024
d. Machabini Primary School Code Number g4 _069-03_022
e. I(anjoro Primary School Code Number g4_069-0g_027
f. Riamwanki Pr.imary School Code Number }4-069_03-025
g. I(urnbe Primary School Code Nurnber 8 4-069-0g_026

The Commifiee Recommends In Meru County Thaf-

The Ministry of Lands, Housing and Urban bevelopnient should issue title deeds to residents
of
the villages of Mjini, Salama,Shauri Yako slurns and Majengo in Meru town .

NO. 4/248 N{Y OTHER BUSINESS.

a. Foreign Visits
The Committee was informed that foreign visits have been rescheduled for the beginnilg of next
year when the House resulnes fi.om long recess.
b. Galeria Mall Evictees
The Committee was informed that most tenants of Galeria mall have moved out after a fence
that had been put up collapsed making the area insecure.
The committee was further infornred that the balance of compensation to the evictees is still
outstanding.
c, Iamu Report
Members were informed that the Report of the National land Commission on the Larnu Land has
been released.
It was resolved that the report be availed to the mentbers.

NO LN 4/249 ADIOURNMENT & DATE OF THE NEXT SITTING

And the time being fifty fo ur minutes past eleven O,clock, the Chairperson adjourned ttre Sitting
to Thutsday 13th Novembe r at 1O.OO a. nr

SIGNED
(CHAIRPTRSOT{)

DATE a Jra\ lsrg-

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