By Caroline Katana
More than 3,000 residents of Mwazaro Village in Shimoni, Kwale County, say they are living in fear as a long-running land dispute over Land Parcel LR No. 1082 (Sam Settlement Scheme) remains before court.
The matter is currently before the Environment and Land Court as ELC Case No. 2123 of 2025.
On November 28, 2025, the court issued a status quo order preserving the community’s occupation and use of the land pending hearing and determination of the case.
Despite that order, residents claim they continue to face intimidation, summons, and home visits from officers attached to the Directorate of Criminal Investigations (DCI).
Authorities had not issued a public response to the allegations at the time of publication.
Binny Kemto, a resident of Block 1082, alleges that officers entered a church service earlier this month and disrupted worship.
“The Constitution of Kenya 2010 guarantees freedom of worship, but DCI officers entered the church and disrupted the service,” she said.
Kemto further claims that on Monday the 9th at around 9:00 p.m., eight DCI officers raided her homestead while searching for her.
“They harassed my children — one is nine years old and the other is eleven. One was asleep and they pulled him outside. They keep disturbing us, saying we are living on land that does not belong to us,” she said.
She appealed directly to President William Ruto to intervene.
“We have the right to live, the right to worship, and the right to own property. IPOA should investigate officers who are harassing us and violating children’s rights,” she said
Fred Kisaka, another resident of Block 1082, describes what he says was a similar encounter.
He alleges that officers arrived at his home at approximately 8:57 p.m. while searching for his wife.
“They broke the back door. My daughter was carrying her newborn baby and was slapped after she refused to open the front door. They searched the entire house and then left,” he said.
Kisaka says he reported the matter at Shimoni Police Station but was allegedly denied an Occurrence Book (OB) entry.
“The officer told me he had no permission to record my complaint and asked me to leave,” he claimed.
Fred kisaka holding his broken door in Mwazaro village
He says the broken door remains unrepaired and the family continues to feel unsafe.
“We have no peace. My wife even fled because she fears being arrested. I was born and raised peacefully, but now we live in uncertainty,” he said.
Mohamed Shee Mohamed, a native of Shimoni, says the community has followed legal channels and obtained court protection.
“We have a court order. Someone comes with a title deed claiming ownership and arrives with police officers, yet he does not even know the land. Our grandparents have lived here since colonial times,” he said.
He further alleges he was verbally threatened at Shimoni Police Station.
“I was told that if I play around, I will not see my grandchildren,” he claimed.
Mohamed questioned the allocation of small plots, saying some residents were issued 50 by 100 parcels to be shared among multiple family members.
“How can five people share a 50 by 100 plot? In some cases, the allotment document is held by someone who does not even live here,” he said.
He added that previous engagements with national leaders, including former Deputy President Rigathi Gachagua, did not produce lasting solutions.
The next hearing in the case is scheduled for February 24, marking the third appearance in court.
Abdallah Buda Shee says residents are frustrated by ongoing industrial expansion in Shimoni while locals remain uncertain about their land rights.
“Factories are being built and we are told we will be employed. But where will we invest those salaries if we do not have land?” he asked.
He accused elected leaders in Kwale county of remaining silent as tensions escalate.
“Where is the governor , MP , senator, woman rep and the area MCA , they are all silence . A day here feels like a month because we do not know where we will wake up tomorrow,” he said.
Human rights organization Haki Yetu has expressed concern over what it describes as disregard of court orders and alleged intimidation of residents.
According to the organization, residents have been summoned to DCI headquarters for interrogation and also called to chiefs’ offices where DCI officers were present.
Allegedly faced attempts by private developers to convene meetings and obtain signatures that could be interpreted as consent to surrender land rights.
Haki Yetu argues that such actions risk undermining constitutional safeguards, including protection of property rights, access to justice, and freedom from intimidation.
The organization has called upon the directorate of criminal investigations to clarify the nature of investigations relating to LR No. 1082.
It also wants the National Police Service to ensure enforcement actions do not instill fear or undermine community safety.
Haki Yetu also pushes the Independent Policing Oversight Authority (IPOA) to investigate alleged intimidation.
And lastly want the Commission on Administrative Justice to examine allegations involving administrative officers.
With the matter actively before the Environment and Land Court, legal observers note that status quo orders are designed to preserve stability while the judiciary determines competing claims.
For residents of Block 1082, however, daily life remains marked by uncertainty.
As the February 24 hearing approaches, many say they are placing their hopes in the court process — seeking clarity, lawful resolution, and a return to peace in Mwazaro.
