From threats of evictions to tenure security – the case of Kwa Bulo Settlement in Mombasa, Kenya

On the 19th of July 2017, residents of Kwa Bulo Settlement, Nyali Constituency in Mombasa County were issued with more than 1,000 Certificates of Occupancy, ending many years of tenure insecurity and fear of forced evictions. It was a culmination of a long journey facilitated by the use and application of the Social Tenure Domain Model (STDM), a pro-poor land information system developed by the Global Land Tool Network, facilitated by UN-Habitat. In close partnership with Mombasa County Government, Pamoja Trust, Muungano Wa Wanavijiji and Kwa Bulo Settlement residents, the use and application of the STDM tool helped the community to effectively strengthen its position towards tenure security improvement. The entire participatory process additionally strengthened their sense of community purpose and their collective efforts towards protection from arbitrary eviction, thus promoting the future development of their community.

Kwa Bulo, which consists of four villages; EPCO, Kashani, Timboni and Msufini, originally belonged to the indigenous Mijikenda Tribe, who occupied the area under the Land Registration Act.

The indigenous owners used the land for farming and mining a quarry as a means of livelihood. The first registered proprietor of the plot was Emmanuel Bulo, who was issued a title deed on 23rd August 1922 under the provisions of Land Titles Ordinance in 1908, and who granted the locals he found on the land a 'stay order'.  Consequently, the number of residents in the area increased as more people sought employment from this farm. Since his demise, the parcel changed ownership numerous times, bringing about a long battle between the current owners of the land and the community residing there. The community endured forced evictions that caused suffering, loss of property and the destruction of the physical and social infrastructure that once made Kwa Bulo residents a community. In order to facilitate tenure security improvement in the  Kwa Bulo settlement, the County Government of Mombasa in partnership with Pamoja Trust, Muungano Wa Wanavijiji, GLTN, in collaboration with other complementary efforts from civil society organizations and other actors, applied the use of STDM approach which incorporates participatory enumerations and mapping approaches in the urban context to gather information required for planning, provision of basic infrastructure and services, upgrading of slums and the improvement of land tenure in informal settlements in general. The tenure security struggle finally came to an end. Residents of Kwa Bulo settlement now possess Certificates of Occupancy as an assurance of tenure security, while they wait for the processing of title deeds. During the  event held to celebrate the issuance of the certificates, Mombasa County Secretary Francis Thoya confirmed that paying the current registered owner of the land, through the support of the national and county governments, will pave way for the formal issuance of title deeds to the verified list of residents who received the certificates of occupancy. Moreover, in her remarks, Mrs. Lucy Mbiho of the Civil Society Urban Development Platform (CSUDP) reiterated that the struggle to legitimise the squatters’ rights in the country will continue to be an uphill political battle. She also added that the Kwa Bulo settlement experience is a concrete example of how the community, County Government, and other relevant stakeholders can collectively address tenure security issues for the urban poor. Pamoja Trust Executive Director Dr. Ouma Okoth, highlighted that the quality of data collection in settlement areas would not have been possible without the use and application of STDM tool, which was developed by GLTN, as facilitated by UN-Habitat. Pamoja Trust, with technical assistance from GLTN, previously implemented the STDM process in Mashimoni Settlement in Nairobi with similar results.

A cross-section of the community gathered at the event. Photo: UNHABITAT/Mutheu Mulinge

Emerging Impacts of Perceived Tenure Security

The perceived tenure security for the residence as a result of the issuance of certificates of occupancy has triggered an increase in economic activities in the settlement, including a marked increase in the local retail industry witnessed by the opening of new food and grocery kiosks and M-PESA vendors. Residents have seen a variety of service improvements to their area, such as the paving of the main access road, installation of street lights, water points, garbage collection points;  increased public transport access; drainage works and construction of a community resource center where an STDM information center will also be operationalized. More permanent houses are also coming up in the area which has led to a construction boom with sand, stone, and masonry services provided by the youth increasing in demand.

For Everlyne Kinanu, a member of the Kwa Bulo Community Lands Committee, for the first time in 25 years she is confident that forced evictions will no longer take place in the area. She gratefully noted that the previous evictions which were synonymous with insecurity, violence, damage to property, placing many households, particularly those with women and children living with HIV/AIDS, at great risk, were a thing of the past.

To the Kwa Bulo community residents, particularly those who actively participated in the enumeration and mapping exercise; STDM is more than just a tool or software. The approach allowed them to be more cohesive and empowered as a community, was essential in prioritizing the types of services they receive from government authorities, and what it means to have tenure security.