• An approval, signed by the county director of physical planning Paul Manyala indicated the TOL is for a piece of land adjacent to plot X/141.
• The eatery is blocking access to Adhiambo’s business premises.
Image: BRIAN OTIENO
Image: BRIAN OTIENO
Police had to be called in to calm down a crowd that was baying for the blood of a contractor sent to construct an eatery on a road reserve in Tudor Norah, Mvita subcounty.
The contractor said he had been sent by a businesswoman who had acquired a Temporary Occupation Licence (TOL) to erect kiosks.
An approval, signed by the county director of physical planning Paul Manyala, dated March 28 and seen by the Star, indicated the TOL is for a piece of land adjacent to plot X/141.
However, the contractor had started erecting the eatery right in front of other business premises, which according to a map seen by the Star, were on plot X/135 along Tom Mboya Road, belonging to Lynnette Adhiambo.
The eatery is blocking access to Adhiambo’s business premises.
There has been back and forth between Adhiambo and county inspectorate officers since June 24, when the contractor first brought metal bars in readiness to construct the eatery.
Adhiambo said the contractor had initially started erecting the bars on her land, forcing her to invoke the services of a private surveyor to demarcate her land afresh.
After the demarcation, she erected a fence around her land.
On Wednesday, the contractor officially started constructing the eatery causing mayhem.
Mombasa county commissioner Mohamed Noor visited the area and directed that Adhiambo’s access to her premises be reopened.
“It is not right to block someone from accessing her premises,” he said.
Noor said both parties should write a memorandum to the county to resolve the matter amicably.
Human rights activists who rushed to the scene convinced the angry youth not to destroy anyone’s property.
“There might be a dispute, but it would not be right to bring down this structure. Let the police come and this matter be resolved amicably,” Muhuri rapid response officer Francis Auma said.
Auma, who had been following up the matter since Sunday, when Adhiambo contacted him for help, said land matters in Mombasa are very sensitive and could easily lead to unrest.
“These matters need sober minds. These things should be resolved in a peaceful manner,” Auma said.
Tudor MCA Samir Bhaloo said he will not allow his people to be unfairly treated.
“This woman has been a very active resident of Tudor Norah. Her grandfather acquired this land more than 50 years ago and the land has remained in the family all this while.
“It is not right for someone to come and build a structure right in front of the woman’s business premises. How will she access her businesses if you block the path? Bhaloo questioned.
He gave the contractor 24 hours to remove the structure failing which he will use his power as the area MCA to ensure Adhiambo gets justice.
“This should not be allowed to go on,” Bhaloo said.
Haki Yetu Organisation lands officer John Paul Obonyo said the land in dispute belongs to the Wakf and the county has no mandate to issue TOLs over them.
The mandate lies with the National Land Commission, he said.
“It is a process. There has to be minutes. There has to be a meeting to discuss and minute the issues, then the NLC has to be given the minutes for them to grant the TOL,” Obonyo, a lands expert, said.
He said there are maps to show the land in dispute belongs to Wakf, therefore not free for allocation.
“It is one thing that people are overlooking, which they are not aware of,” Obonyo said.
He said the main contention lies in the two parcels X/135 and X/141.
Image: BRIAN OTIENO