Senate Directs Land Commission To Resolve Mwabundusi Squatters Case By End Of September

The Senate Committee on Lands, Environment, and Natural Resources has given the National Land Commission (NLC) until the end of September 2025 to make a final decision on the long-standing Mwabundusi land squatters’ petition.

The directive was issued during a committee sitting held on Tuesday, August 5, 2025, at the Bunge Tower in Nairobi, where Senators questioned NLC officials over delays in resolving the land dispute that has affected members of the Mwanyabaro clan for years.

Committee chairperson, Mombasa Senator Mohammed Faki, said the delay in resolving the case had caused suffering among squatters who claim their ancestral land was taken over by various government agencies and private investors without compensation.

During the session, Professor James Tuitoek, who represented the NLC, said the land in question has been occupied by several public institutions including the Kenya Institute of Highways and Building Technology (KIHBT), National Youth Service (NYS), Veterinary Department, Kisii Bottlers, and Kisii Cancer Centre.

Tuitoek told the committee that the land was reviewed by the Commission in July 2017, and declared a public utility through Kenya Gazette Notice No. 6862. As a result, the Commission recommended the cancellation of three land titles—LR-16757, LR-16758, and LR-17666—which had been registered under Tegemea Oil Company, Geoffrey Asanyo, and Jared Kangwana. The NLC then recommended the land be handed back to the Kenya Agricultural and Livestock Research Organisation (KALRO).

However, the titles owned by Kisii Bottlers and the Industrial and Commercial Development Corporation (ICDC), which is majority-owned by the government, were retained.

The dispute is based on a petition filed by the Mwanyabaro clan, who submitted a Historical Land Injustice (HLI) claim to the NLC on October 7, 2019, under reference number NLC/HLI/608/2019. The petitioners argue that the land was taken from them unfairly and have asked for either compensation or resettlement.

The main respondents in the case include the Attorney General, Ministry of Agriculture and Livestock Development, Ministry of Lands, Kisii County Government, and KALRO.

Tuitoek told the committee that a public hearing on the matter was held on June 24, 2024, at the Mama Grace Onyango Cultural and Social Centre in Kisumu, where all parties were asked to file written submissions within 14 days.

He said the NLC is currently reviewing the submissions and promised that a final determination will be issued once the process is complete.

Senator Faki, however, said delays in the case were causing frustration and loss of trust in land institutions. He directed the Commission to conclude the investigations and issue a final ruling by September 30, 2025.

“This matter has dragged on for too long. The affected families deserve justice. The Commission must issue a conclusive decision so that these communities can have closure,” said Senator Faki.