By Caroline Katana
Hundreds of investors and families living in the disputed Darad land in Diani, Kwale County, are facing growing anxiety after reportedly being informed by the ministry of lands that 767 title deeds had been cancelled following a court ruling over ownership of the contested property.
The affected investors, estimated to be more than 700, say they legally acquired the land over two decades ago through a government-backed settlement scheme and now fear possible evictions, demolition of homes and collapse of businesses built over many years.
The dispute involves people occupying Block 856 and Leisure Lodges Limited, which claims ownership of the land.
Speaking during a press briefing held at Darad area the investors accused authorities of threatening to overturn decades of investment despite what they described as a lawful government allocation process under the Diani Complex Phase II Settlement Scheme.
Mrmbers of Darad business community during a press briefing
Darad Community Chairman Thomas Aloo defended the investors’ ownership, insisting that all purchasers followed legal procedures before acquiring and developing the land.
“Darad is situated in Diani and has attracted investors from across the country, the diaspora, and even foreigners who chose to invest and settle here,” said Aloo.
He said that the land is occupied by people who bought their parcels after conducting official searches through government offices.
“We were issued with title deeds legally, and every development here was approved by the relevant government departments,” added Aloo.
Aloo said the area has over the years transformed into a fully established settlement hosting homes, schools, churches, mosques, and businesses, all developed openly with the knowledge of state authorities.
“We have lived here for more than 20 years. People invested their life savings here believing the documents issued by the government were genuine. Today, families are living in fear that everything they built could be destroyed,” he said.
According to Aloo, residents and investors carried out official land searches and complied with all legal requirements before purchasing the parcels.
“People bought this land after engaging locals who were already occupying the area and after following due process through government offices. Successive governments recognised our occupation and continued processing approvals for developments here,” he added.
Darad business community chairman, Thomas Aloo
They also questioned the ownership claims by Leisure Lodges Limited, arguing that previous court proceedings had challenged the company’s documentation.
“In a 2010 court case, the late Justice Ibrahim asked Leisure Lodge to produce a title deed for this land. Up to today, they have never produced a title deed for the area we occupy; the genuine title deeds are with those who acquired this land through government allocation,” claimed Aloo.
Darad community secretary Binti Saidi Makoti said residents had continued paying taxes and government levies while believing their ownership documents were legitimate and protected by law.
“This is a government-recognised settlement scheme. We have title deeds and have worked with government offices throughout the years,” said Makoti.
Makoti said they were shocked after learning that their title deeds had allegedly been cancelled.
“It is painful that we have been paying taxes and complying with all government requirements, only to wake up one day and be told our title deeds have been cancelled. We do not know the fate of our homes, businesses, or our children,” she said.
She further accused some individuals of spreading fear through threats of police action and evictions.
“People are being intimidated and threatened with eviction, yet we acquired this land legally and have nowhere else to go,” she added.
Darad business community secretary, Binti Saidi Makoti
The Darad community has now appealed for urgent government intervention, saying they were not included in the Environment and Land Court proceedings despite being directly affected by the outcome.
“We, the residents of this plots, did not grab the land,the parcels we occupy were formally allocated by the Government through the Land Office and, subsequently, the Government revoked the earlier title and allocated the land to the local community.”
They argued that the judgment threatens an entire community comprising more than 700 landowners, families, businesses, schools, mosques, churches, and other social institutions.
“We respectfully wish to bring these matters to the attention of the President and the Governor because the judgment has a direct and profound impact on our lives and investments,” the statement added.
Fear of Evictions and Demolitions
Rama Matano, a member of the community, warned that they fear the Land Registrar could implement the court ruling without considering previous government allocations and related court decisions involving the same land.
“Block 856 was derived from a larger parcel known as Block 10. The government itself issued titles for Block 856 to this community after following the required legal process,” said Rama.
“The process involved the District Commissioner, Land Registry officials, and other government departments. Everything was done legally.”
A memer of the Darad business community committee, Rama Matano
They cited Constitutional Petition No. 47 of 2012 and Civil Appeal No. 30 of 2018 as parallel cases touching on the ownership history of the disputed land.
According to the committee, the Court of Appeal in Civil Appeal No. 30 of 2018 recognised different root owners and directed the government to compensate them with approximately KSh 5.8 billion plus interest.
“We are ordinary wananchi. We do not have six billion shillings to pay Leisure Lodge,” Rama said.
“Even the county government cannot afford such compensation. That is why we are appealing to the President, the Governor, and all elected leaders to intervene urgently before innocent families are rendered homeless.”
Uncertainty Grips Darad Settlement
The dispute over Block 856 has now intensified fears across the Darad settlement, with investors saying uncertainty surrounding the validity of their title deeds has left many traumatized and unsure about the future of their investments.
The conflict remains one of the most contentious land disputes in Kwale County and reflects the longstanding land ownership challenges that continue to affect many parts of Kenya’s Coast region.
