Coastal Land Problems Kenya

Land issues on the Kenya coast are among the most complex and contested in the country, involving colonial-era alienation, post-colonial governance failures, and ongoing struggles by indigenous Mijikenda and other coastal communities for control of their ancestral territories.

Colonial Land Alienation

During the British colonial period, vast areas of the Kenya coast were declared "government land" or allocated to Arab and Asian landlords based on earlier Sultanate concessions that the British incorporated into colonial law. These designations ignored Mijikenda customary claims and tenure. Mijikenda communities found their ancestral lands legally transformed into government or private property. The colonial legal system did not recognize customary tenure, creating a fundamental rupture in land land rights.

Arab and Asian Landlords

The coastal region had long been dominated by Arab traders and Swahili merchant families. Under colonial law, these groups' property claims were formalized and protected. Asian entrepreneurs also acquired extensive coastal land. Many of these landholders were absentee owners, leasing land to Mjikenda tenants. The system created a landlord-tenant relationship in which Mjikenda worked land their ancestors had controlled, paying rent to outsiders.

Government Land Status

Large areas remained under "government land" status, meaning the Crown (later the post-independence state) was the nominal owner. Mjikenda and other coastal communities had use-rights (customary access) but no legal ownership. This ambiguity meant communities could be dispossessed if the government sold or leased the land to outsiders. The government land category created perpetual insecurity for customary users.

Post-Independence Land Grabbing

After independence, the pressure for coastal land increased as tourism development, urban expansion, and speculative interest grew. Government officials, politically connected individuals, and private interests acquired coastal land through various mechanisms: government land sales, conversion of government land into private freehold, corruption of the land registration system, and outright appropriation. Mjikenda communities often lacked the political power to resist these takings.

The "Coast Land Question"

The ongoing disputes over coastal land came to be known as "the Coast Land Question." Communities, political leaders, and activists have repeatedly demanded resolution of colonial-era land alienation and return of land to indigenous communities. However, decades of independence have seen limited progress on these demands. The Land Commission and various government efforts have acknowledged the issue but produced limited concrete change.

Formal and Customary Tenure Conflict

Post-independence land law recognized only formal title (registered land) as legitimate property. Customary tenure (the traditional Mjikenda system recognizing community use-rights and familial inheritance) was not legally recognized. This meant Mjikenda with customary claims but no formal title had no legal standing. The gap between formal law and customary practice created endless disputes.

Informal Settlements and the Urban Poor

As coastal cities (particularly Mombasa) expanded, urban poor, including landless Mjikenda, established informal settlements on government land, private land, and other areas. These settlements lack formal legal status and services. Residents face constant threat of eviction. The growth of these settlements reflects the dispossession of land-poor Mjikenda and the failure to resolve land access issues.

Tourism Development and Displacement

Coastal tourism development has sometimes displaced Mjikenda communities. When beach resorts, golf courses, and other tourist facilities were developed on customary land, communities were sometimes removed or their access was restricted. Tourism development provided limited employment for local communities while restricting their access to their own lands.

Recommendations and Proposed Solutions

Various commissions and activists have proposed solutions including return of disputed lands to communities, compensation for colonial-era dispossession, recognition of customary tenure within the legal system, and progressive taxation of speculative land holdings. The 2010 Constitution recognized community land rights and directed the government to develop community land registries. However, implementation has been slow and incomplete.

The 2016 Taskforce

A presidential taskforce (2016) examined coastal land issues and recommended significant reforms, including gazetting certain lands as community land, developing community management plans, and strengthening community institutions. However, these recommendations faced resistance from powerful interests and have been only partially implemented.

Contemporary Disputes

Disputes over coastal land remain common. Communities resist tourism development they view as further dispossession. Land speculation, particularly around Mombasa and Kilifi, continues. The relationship between development and community land rights remains unresolved. Successive governments have acknowledged the coastal land question but have been unable or unwilling to make the fundamental changes communities demand.

Human Rights Concerns

International and domestic human rights organizations have documented dispossession of Mjikenda and other coastal communities and have called for recognition of their land rights. These human rights frameworks emphasize the right to ancestral lands and the need for restitution of historical wrongs.

Sources

Mwangi, O. G. (2006). Identity, Political Autonomy and Development: Coastal Communities and the British Colonial State in Kenya. Journal of East African Studies, 1(1), 78-95.
Republic of Kenya (2016). Report of the Taskforce on the Gazette Notice on Coastal Strip Land. Government of Kenya.
Human Rights Watch (2013). Waiting Here for Death: Forced Evictions in Kenya's Slums. https://www.hrw.org/report/2013/07/10/waiting-here-death-forced-evictions-kenyas-slums

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