The intrigues surrounding the controversial Sh100 billion Diaspora University Town project in Mwatate, Taita Taveta County, have deepened after disclosures that the Ministry of Lands had declined to transfer 1,500 acres of land to the investors, citing irregularities in the acquisition process.
Nation.Africa has learnt that the investors’ efforts to have the land transferred from the Ndara B ranch to Diaspora University Trust are futile because of land wrangles between the ranch and locals in Mto Mwagodi.
Documents at the Lands department show that the ranch has already hived off a part of the land from its 6,000-acre tract.
But the department is yet to transfer the title deed to the Diaspora University Trust to allow the project to kick off.
The project plan shows the development of townhouses, hospitals, a research park, an industrial park, schools, and medicine and vaccine plants.
National Assembly’s Land Committee chairperson Rachel Nyamai addresses residents of Mto Mwagodi area in Taita Taveta County. The committee visited the area after the residents petitioned the assembly following a land dispute with Ndara B ranch over the establishment of Diaspora University project.
Ranch officials said the controversy arose from the personal interests of a few individuals who want to benefit directly from the investment while county and national government officials claim the project is questionable.
The project was initiated in 2006 by a group of about 500 Kenyans living in the diaspora, with the initiators seeking to build a university, a hospital and schools on the land.
The project received the go-ahead from the first county assembly in May 2015, a decision rescinded by the current MCAs in 2018.
The MCAs argued that the investors had failed to seek the views of area residents thereby rendering the land acquisition questionable.
Though the project received a negative response from the devolved unit, environment watchdog Nema has given its approval to allow it to continue.
George Mwadeghu, a Ndara ranch official, said they had formed a partnership with the investors in August 2016 and members were promised lucrative opportunities once the project starts.
More than 100 people work at the site and more than 20,000 job opportunities are expected to be created once the project becomes a reality.
“Apart from the job opportunities, we agreed that residents will be given Sh120 million as a token for giving their land for this project. The funds will be used to improve schools, water supply and health facilities in this area,” he said.
The investors, he said, will also help to develop the ranch with proper modern land-use methods.
“Our land has been idle for decades but now we are about to start earning from it. Unfortunately, some people are blocking us from earning these benefits,” he said.
Mr Mwadeghu said the government has not clearly explained why local leaders oppose the project.
Ndara B ranch chairperson Benjamin Mwandaa addresses the National Assembly’s Land Committee at Mto Mwagodi area in Mwatate, Taita Taveta County. The ranch has entered into partnership with Diaspora University to establish a Sh100 billion project in the area
“If they have evidence of any fishy motives by the investors, why don’t they come to us and tell us openly. They can’t say that the investors are defrauding us yet they have no evidence for their claims,” he said.
A Ministry of Lands officer in the county said the transfer of the title deed was halted because the ranch and the investors had failed to provide the necessary approvals for the process.
“We need the university charter for us to process the title deed. Once they (provide) this then the process will start,” said the officer, who declined to be named as he is not allowed to speak to the media.
On the other hand, Governor Granton Samboja’s administration and the county assembly have declined to give the project the go-ahead.
Assembly Majority Leader Harris Keke said the investors did not seek the views of residents.
“When they came to us, we asked them to give us the required approvals but they did not forward the documents. They have not followed the required procedures to secure the land,” he said.
In 2015, Mr Keke, who was the Education Committee chairperson, was at the forefront in championing the project.
He tabled the proposal on the floor of the House and it was adopted by a majority of MCAs.
In a change of tune, Mr Keke said the project may defraud residents of their land because the development has not received the necessary approvals from the county and national governments.
“We are wondering what changed him. He says we don’t have approvals from the Ministry of Education but we cannot get them before we get the title deed,” Mr Mwadeghu said.
In 2018, Governor Samboja and MCAs vowed to stop the construction of the university and questioned the procedure the investors used to secure the land.
Ndara B ranch chairperson Benjamin Mwandaa said all members from Rong’e and Sagala villages had agreed to cede part of the land to the project. He said the views of the public were sought and residents agreed to embrace the project.
Mr Mwandaa accused the leaders of failing to have the interests of the community at heart, saying people who have settled in the ranch are squatters.
“This is registered land and we have a title deed. Those who are claiming ownership are encroachers,” he said.
But some of the residents who have been ordered to vacate the area say part of the ranch is their ancestral land and plans to evict them are illegal.
Juma Msinga questioned how the ranch acquired the land.
“This is a matter of historical land injustice because our forefathers were the owners of the land. We were born and raised here,” he said.
A section of Mto Mwagodi residents who have been ordered to vacate Ndara B ranch in Taita Taveta County to pave way for construction of a Sh100 billion Diaspora University in the area. The residents claim the area is their ancestral land
Diaspora University Trustee member Dan Kamau said the institution will be established in collaboration with the local community.
“The approach we are coming up with is not a common one. The university is being formed by the community, contrary to what is common,” he said.
As the controversy rages, the National Assembly’s Land Committee, led by chairperson Rachel Nyamai, visited the area last week to find out the facts about the dispute, which has threatened security in the area.
The committee was accompanied by Mwatate MP Andrew Mwadime. He said the affected residents petitioned the National Assembly over the dispute with the ranch.
“I’m advocating for a win-win situation. I don’t want a situation where some people are rendered homeless yet evidence shows that they are the natives of this place,” he said.
For her part, Ms Nyamai said the committee will issue its report with recommendations on how to resolve the dispute.
“We have spoken to both parties and government agencies to get the correct status of the matter. Our next step is to write our report for the next phase of action,” she said.
Mwatate Deputy County Commissioner Monica Kimondo said security had been beefed up in the area and urged residents to remain calm as the government seeks to resolve the dispute. BY DAILY NATION