- 8 : 6 2 BULLETIN 7 / 1 $ 1 0 '5 ( ) 2 5 OPERATION FIRIMBI Blow the Whistle Campaign for JUST LAND REFORM 5 against LAND GRABBING : 6 ( 6 2 7 * 7 1 2 2 1 and CORRUPTION in Kenya 5 ' 3 , ( $ 1 / % * / $ $ % Firimbi Bulletin published by Mazingira Institute PO Box 14550 Nairobi 00800 5 $ % % ( ' 1 '* 5 Tel: 254 20 4443219/26/29, Fax: 254 20 4444643 E-mail [email protected], Website: www.mazinst.org Issue No. 39 June 2014 Mombasa County: Land-based critical issues Background to Mombasa County Mombasa County is the smallest among the 47 in Kenya, covering an area of 229.7 km2 excluding 65 km2 of water mass. It borders Kilifi to the north, Kwale to the south west and the Indian Ocean to the east. The county and the city are divided into four divisions namely: Mombasa Island, Changamwe, Likoni and Kisauni. The Governor is Hassan Ali Joho (ODM). The elected Senator is Hassan Omar Sarai (Wiper) while Emma Ray is the nominated Senator on a TNA ticket. Mishi Juma (ODM) is the Women’s Representative. The county is composed of six Parliamentary constituencies: Omar Mwinyi Shimbwa represents Changamwe; Abdulswamaad Nassir is in Mvita; Badi Twalib is member for Jomvu constituency; Nyali has Hezron Awiti Bollo; Juma Rashid Bezimba serves the people of Kisauni while Jomvu is represented in the National Assembly by Badi Twalib Bady. With the exception of Hezron Awiti (Wiper) all the MNAs from Mombasa were elected on an ODM ticket. Mombasa County has 30 ward namely: Port Reitz, Kipevu, Airport, Changamwe, Chaani, Jomvu Kuu, Miritini, Mikindani, Mjambere, Junda, Bamburi, Mwakirunge, Mtopanga, Magogoni, Shanzu, Frere Town, Ziwa la Ng’ombe, Mkomani, Kongowea, Kadzandani , Mtongwe, Shika Adabu, Bofu, Likoni, Timbwani, Mji wa Kale/Makadara, Tudor, Tononoka, Shimanzi/ Ganjoni and Majengo. Virtually ALL the county ward representatives were elected on an ODM ticket. Like areas of the Coast region, land and historical injustices and conflicts around land dominate the public and political discourse in Mombasa County. As we will see in this special issue of Operation Firimbi Bulletin, the issues which gave rise to the agitation by the Mombasa Republican Council and its allies are squarely tied to land. Living it up to the historic nickname of Mombasa as Mvita, “the city of war” Many of the human rights, social justice and the broader civil society Mombasa people have a long proud tradition of fighting for their rights. No formations in Mombasa County like Ujamaa Center, MUHURI, Haki Yetu, surprise then to find out-as we shall read in this special issue- that the Rashid KECOSCE, HURIA, Haki Africa, the Landless Social Forum and others have Sajjads and other alleged land grabbers have faced public censure, protest land rights as their central cross cutting focus. and opposition. OPERATION FIRIMBI Bulletin MarchJune 20142012 1 A profile of Tudor, Mzizima, Bangladesh and Kibarani An aerial shot of Tudor ince most of Mombasa County comprises study Defining Rights from the Roots: Insights from Construction of the section referred to as the urbanized City which is Kenya’s second Council Tenants’ Struggles in Mombasa, Kenya by the “old estate” was completed in 1956, and largest (as well as second oldest town) the Samuel Musyoki and Celestine Nyamu-Musembi it was occupied by workers employed by, e.g. S and the mapping and enumeration exercise carried the council; Cargo Handling Ltd. and other land based issues, apart from the blatant cases of grabbing of public land highlighted elsewhere in out in Bangladesh, Kibarani and KwaPunda by companies. Construction of the “new flats” this Firimbi Bulletin, tend to involve tenants and Pamoja Trust, Haki Yetu and members of the started in 1969 and was completed in 1971. their rights around housing. Muungano wa Wanavijiji. Mzizima is a 7-acre plot of prime beach-front The land ownership system found in Mombasa Let us kick off with an extended extract from the land housing around 2000 people in 114 units. especially hampers planning and urban management Musyoki&Musembi study where they provide Mzizima started off as an army base during efforts since the majority of land in Mombasa some historical background to the emergence of World War II, for the Kenya African Rifles district is held under a freehold form of ownership. the older housing estates like Tudor and Mzizima: (KAR). Some of the housing units were actually Privately owned land is let to “tenants-at-will,” the stables for the horses. The base was many of whom have for generations rented the Good quality housing for low- and subsequently made into a residence for people land upon which their temporary houses are built. middleincome inhabitants of the city is in suffering from leprosy and then a quarantine Since the 1920s, this system has been recognized, short supply. Most people in this income group area for people suffering from communicable facilitated and, in theory, regulated by the local have only two options to choose from: either diseases. The estate now houses low-cadre authority through a system of village layouts. the Swahili type houses (built out of mud and employees of the council. Residents from the mangrove poles), occupied by several families three estates recall that through the immediate This system of ownership complicates planning with no sanitation services as they are located post-independence period and into the early efforts since spatial planning, infrastructure in unplanned semi-permanent settlements; or 1980s, the council used to carry out regular development and provision of public facilities are council-owned estates. maintenance. Sometime in the mid- 1980s, they only possible with the consent of the landowners, remember receiving letters stating that they many of whom are “absentee landlords” living constructed in the colonial era, which have not would henceforth be required to share the cost elsewhere in the country and even overseas. seen much maintenance since the mid-1980s. of maintenance.2 Since then, the council has Moreover, the lack of a current physical Among these estates are Tudor, Changamwe and done nothing by way of routinemaintenance. development plan makes it difficult for municipal Mzizima, which are the focus of this article.1 authorities to devise strategies for managing The Tudor estate occupies an area of roughly An elderly resident of Mzizima remembers slum areas as many of the owners are absent 40 acres, with a population of 15,000 to 20,000 that the last time the houses got a new coat of and construction increasingly utilizes permanent living in 930 housing units. The population paint was 1983. The houses are dilapidated. materials, although prohibited by regulations. estimate includes the slum settlements that have Some have already been condemned as unfit mushroomed on the fringe of the estate since for human habitation, but still continue to be Instead of a comprehensive, in depth survey and the late 1980s. Tudor started off as a tented occupied. The council’s mantra is that it has no exposition of all the housing estates and informal camp in 1948 for African soldiers returning money, that the rent collected from the estates is settlements in Mombasa we will provide a snapshot from Burma. Construction of the housing estate not enough to pay for basic services, let alone of four areas- Tudor, Mzizima, Bangladesh and began in 1952–3 and the houses were intended finance major repairs. The tenancy agreements Kibarani. for government workers. Changamwe occupies require tenants to seek permission from the an area of 28 acres, with 1102 housing units council before they undertake any repairs. Our information is drawn from two sources: the occupied by approximately 43,000 residents. 2 OPERATION FIRIMBI Bulletin MarchJune 20122014 The council always denies permission, putting approximately measures 20 acres and densely respondents have individual water connection the tenants in a no-win situation: tenants have populated. It is situated in Mikindani ward within within the household. Most (78%) households no choice but to undertake the repairs anyway Changamwe constituency; administratively it are within a range of 0-50m to the water kiosks in order to make the houses habitable. Then the falls within Birikani Sub-location, Mikindani where they draw water from. Although the council is under no obligation to reimburse the Location within Changamwe district. residents are this close to the water source a tenants for the cost of the repairs, since it did challenge in the regularity of the water flow not authorise the repairs. When a tenant leaves The name Bangladesh originated from the was raised both during the survey and during they are not allowed to remove any fittings they destination that the first Asian who had the focused group discussions. To counter may have added or replaced in the house, such originally occupied the settlement had gone to this, residents have developed different coping as new windows, doors, toilet seats or sinks. never to return again. After he left, Bangladesh mechanisms to cope with the shortage such There has been total breakdown of water and was a free area and many people started as using big storage containers, reducing the sewerage services. streaming into the settlement and settling. One usage of water and also depending on water common question they would ask was whose vendors during prolonged shortage periods. The established practice is that the tenants pay land it was? Since the owner went to Bangladesh for water and sewerage services as part of their the settlement was named Bangladesh. It is d) Sanitation rent, so that the council can remit the water estimated that the first people to settle in the charge to the Ministry of Water who supply the settlement came in the 1950s-1960s.