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A new wave of land grabs strikes Tanzania

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Tanzania was one of the most heavily targeted countries of a huge scramble for farmland around the world that followed the food and financial crises of 2008 and that was supposed to help solve global food insecurity. The large farm projects, which became a strategy of choice for donors, multinational corporations and some governments, ultimately caused more harm than good by exacerbating land conflicts and destroying people’s livelihoods. In Tanzania, most of these projects soon collapsed and caused miseries for small farmers. But, despite this tragic record, Tanzania’s government is pursuing another round of foreign agribusiness investment by turning hundreds of thousands of hectares of lands into block farms where corporations will produce export crops, not local foods for the people. With China looking to Tanzania as a new supply source for soybeans, the stage could be set for another wave of land grabs, with dire consequences for Tanzania’s small farmers.

It should have been the death knell for large-scale agribusiness in Tanzania. In early 2019, Kilombero Plantation Limited (KPL), the much-hyped, showcase model of the Southern Agricultural Growth Corridor for Tanzania (SAGCOT), went bankrupt.[1] Despite receiving tens of millions of dollars from foreign development banks and investors, the owner of this large-scale rice farm, a UK-based private equity fund, was unable to pay off its debts and the farm was seized by its creditors. Tanzania’s NMB Bank spent the next two years trying to find a buyer, before the government stepped in to acquire it, and then handed it over to the Army to manage.[2]

The 5,818-hectare rice farm was once highlighted by the G7 and the World Economic Forum as proof that large-scale agribusiness could drive Africa’s agricultural growth. But, with the firm in financial ruin, Kilombero Plantations Limited became instead a stark example of Tanzania’s misguided and failed decade-long drive to increase foreign investment in agriculture.

The collapse of Kilombero Plantations was the latest in a long list of failed agribusiness projects in Tanzania, ushered in by a series of donor-funded programmes under the Presidency of Jakaya Kikwete (2005-2015).[3] These programmes– beginning with Kilimo Kwanza in 2006, then SAGCOT in 2010, and finally Big Results Now in 2013– aimed to make large areas of land available to companies, on the assumption that these would make Tanzania an export powerhouse, ensure food security, and most importantly, bring employment, technology, services (training, inputs, machinery, etc) and new markets for the small farmers living near to the farms. SAGCOT alone claimed it would bring in USD 2.1 billion in private sector investment.[4] But after 10 years, very little of this promised investment had materialised, and, of the few projects that got off the ground, most had failed, leaving a legacy of problems for the affected communities to deal with.[5]

By the time of the Kilombero Plantations bankruptcy, Tanzania’s then President, Dr John Pombe Magufuli, had grown frustrated with the approach of his predecessor, and had begun charting a new course. He scrapped the Big Results Now programme and began winding down SAGCOT. His government cancelled funding to a SAGCOT “catalytic fund” that had been created through a World Bank Loan– a clear sign of the changed approach.[6] And he also launched a process to revoke dozens of land titles from companies that had failed to bring lands under production.[7]

But in 2021, Magufuli died, and his successor, his Vice-President, Samia Suluhu Hassan, quickly reversed direction. Under the leadership of her Minister of Agriculture, Hussein Bashe, large-scale agribusiness once again became the government’s priority and the doors were swung wide open for domestic or foreign companies wanting large areas of farmland. SAGCOT resumed its central role, with an expanded mandate to establish corridors across the whole country.[8] Hundreds of millions of dollars of public funds have been budgeted for large-scale irrigation and, through a programme that claims to support the involvement of youth in agriculture, hundreds of thousands of hectares of lands across the country are being cleared and consolidated into “block farms” and offered to companies for the production of specified export crops.[9]

Betting on tomorrow

The centrepiece of President Samia’s renewed effort to allocate lands to agribusiness companies is a programme called Building a Better Tomorrow (BBT).[10] Under this programme, the government designates and clears large areas of land for conversion to large-scale, irrigated agriculture, called “block farms”, in which a selection of youth and women, mainly from urban cities and graduates from universities, are allocated small plots of between 1 – 10 acres (0.4-4 ha), while local communities are sidelined. In July 2023, President Samia announced that all 52,000 youth who had applied to join the army that year would be drafted into the BBT programme.[11]

Each BBT block farm is to produce a specific crop for a company that co-invests in the operation. In the model, the company will supply the inputs and machinery and purchase all of the production. It can also get a 99-year lease on a portion of the block farm area to farm the lands itself. The BBT farmers meanwhile get 33 to 66 year titles, and, while they can transfer the titles to someone else, they cannot change the conditions of their contract. They will thus be at the mercy of the company controlling the farm from whom they must buy all of their inputs and to whom they must sell all of their harvests.[12]

President Samia has stated that 690,000 hectares around the country have already been identified for block farms, but there is no publicly available information about the exact locations. In January 2023, the government published a first call for investment proposals for various BBT block farms on 65,000 hectares in the regions of Dodoma, Mbeya, Kagera and Kigoma. Interested companies could apply for lands of between 400 to 8,000 hectares on each block farm.

In March 2023, the first BBT farm was officially opened in the Chamwino district of Dodoma Region. The Minister of Agriculture, Hussein Bashe, explained that an initial 162 hectares were allocated for training 812 youth selected to participate in the project.[13] Despite access to land being an issue for the local communities, most of the youth selected for the project are not local and have little of any agricultural experience. The farm in Dodoma is supposed to eventually extend to 11,453 hectares and will produce grapes for a wine processing plant. But there has been no public mention of any private investor as of yet.

Promotional photoshoot of youth farmers at the BBT block farm in Dodoma, Tanzania, 25 March 2023. Source Twitter (X)

Prudence Lugengo, a policy specialist with SAGCOT, says lands for another BBT farm have also been allocated in the regions of Katavi and Tabora. In this case, the BBT farm is said to be a massive, 120,000-hectare block farm that will produce wheat for the Tanzanian agribusiness company MeTL, owned by the Tanzanian billionaire and former politician Mohammed Dewji. According to Lugengo, MeTL will acquire 50,000 hectares for itself and the remaining 70,000 hectares will be allocated under the BBT programme for youth. MeTL did not respond to our requests for confirmation of the deal, and it is not clear how Dewji will be financing this project.[14] It should be noted that just a few years ago, Magufuli’s government revoked several titles for large areas of farmland belonging to Dewji because of his failure to bring them into production.[15]

Together with the aforementioned issues, the odds and prospects of the glorified BBT programme are questionable in its very early days, with allegations surfacing within the corridors of social media, accounting on the government’s failure to live and fulfil its promises. As of late January 2024, a letter alleged to have originated from one BBT youth participant was widely circulated on social media, asserting that the government had failed to allocate to them the promised 5 hectares of land, individually, (let alone the 10 hectares originally promised) and so has the government failed to establish irrigation facilities. Instead, 260 of the youth who had passed through the training programme were sent to a 600 acres farm area in Chinangali, where they are farming without irrigation or decent housing, and are producing sunflower under an off-take arrangement with a company, without any guarantee of a land allocation for themselves.[16]

What are “block farms”?

A “block farm” is a large, contiguous area of land devoted to the production of a few or even a single crop. In Africa, a “block farm” programme can take many forms, but generally the government ensures that the lands are ready and available for large-scale farming, provides infrastructure (such as roads or irrigation) and identifies one or two companies to be the main or “anchor” investors. Normally, a portion of the lands will be farmed and acquired by the company on a 99-year lease and another portion will be farmed by medium to small-scale farmers who must produce crops for the company under contract.

Zambia has pursued a programme since 2006 to establish block farms of 100,000 hectares in each of its 10 provinces. Although the government failed to attract any “credible investors”, in 2023 it hoped to revive the programme through a USD 300 million loan from the World Bank for the construction of infrastructure at the farm sites.[17] The Government of Malawi also launched a block farm programme in 2020, consisting of a number of what it calls “mega farms” of around 5,000 hectares each. It too has struggled to attract significant private sector investment.[18]

A new soybean frontier for China?

Despite the pomp surrounding the roll-out of the BBT programme, there is little evidence of much interest from the private sector. The only significant funds that have so far been committed are from the government, which has pledged USD 1.4 billion over the next 10 years, and from a similar batch of donors to those who supported the SAGCOT era investment drive. These include the World Bank (USD 300 million), the African Development Bank (USD 100 million), AGRA (USD 40 million), the International Fund for Agricultural Development (USD 60 million) and USAID (USD 100 million).[19]

Soybeans could be an exception, and in particular, soybeans destined for China. Due to the growing tensions with the US and the war in the Ukraine, China is increasingly concerned about its dependence on these two countries for soybeans (as well as maize), and it is now looking to Africa as an alternative source of supply. Tanzania is one of three African countries that China has identified for the development of soybean exports. In 2020, it passed a phytosanitary measure to allow the import of soybeans from Tanzania and the first shipment was made the following year by China’s largest grain trader, COFCO.[20] In November 2022, President Samia signed a Comprehensive Strategic Cooperative Partnership with China during her visit to Beijing in which soybean exports were specified as an initial priority and a task force was created for implementation.

At the moment, Tanzania only produces 200,000 tonnes of soybeans per year– a mere drop in the bucket compared to China’s annual import of 100 million tonnes, most of which goes to produce animal feed and vegetable oil. Production would have to increase dramatically for Tanzania to become a significant supplier.

China’s largest seed company, Yuan Longping High-tech Agriculture, has been tasked with pursuing this potential. The company is part of the CITIC Group, China’s largest state-owned conglomerate, and it is already playing a key role in advancing China’s control over soybean and maize production in Brazil, China’s most important supplier. After entering Brazil in 2017, Longping quickly became one of the top seed companies in the country. Now Longping is looking to do the same in Tanzania, as China seeks to export the Brazilian model to Africa.

“We want to take Longping’s expertise in maize and soybean seeds to [Tanzania and Ghana]. There, the climate conditions, temperature and altitude are similar to those in Brazil and very favourable for the development of agriculture. We want to be facilitators of this process, teach them how to plant and produce grains so that in the future they will also be suppliers to China”, says Aldenir Sgarbossa, President of Longping’s Brazilian operations.[21]

In 2022 and early 2023, Longping sent delegations to Tanzania to secure political support and to identify areas for soybean production. Tests of its soybean varieties from Brazil are now underway, as well as for its hybrid maize and sorghum seeds, which will be grown in rotation with the soybeans, as is done in Brazil. While these initial varieties are not GMOs, Longping has several GMO varieties under testing and awaiting approval for commercial sale in China, and it has already had some of its GMO maize varieties approved for human consumption.

Longping says it will invest over USD 213 million (500 billion shillings) in a first phase for developing soybean production in the south of Tanzania and will also invest in the improvement of grain exporting facilities at the port of Dar es Salaam.

The company’s operations in Tanzania are being run through a joint venture with a Tanzanian businessman, the media mogul Joseph Kusaga, owner of Clouds Entertainment Group, along with his wife, Juhayna Kusaga. Longping also has high level support from within the Ministry of Agriculture, from SAGCOT and even from former President Kikwete, who has been using his position as a director of AGRA to encourage Tanzanian farmers to plant soybeans for export to China.[22] As evidence of Longping’s political connections, the government gave it special clearance to reduce the required time for testing of its seeds from five years to five seasons, making it possible for Longping to start large-scale production in 2024.[23]

The Tanzanian government is also making lands available for the company. An initial area of 53,000 ha is said to have been allocated as a BBT farm in the Chunya District of Mbeya Region. Longping Tanzania says it has “acquired” 10,000 ha of these lands for its own farm and claims to have already started farming, while the remaining 43,000 ha will be allocated to participating farmers who the company will supply with seeds, fertilisers, and machinery.[24] The farmers must sell their harvests exclusively to Longping Tanzania, which will then export to China, where the Chinese government has offered a guarantee to purchase all of the soybeans that are produced.[25]

Vice-President of Tanzania Dr. Philip Mpango shakes hands with the CEO of Yuan Longping High-tech Agriculture, Liang Shi, outside the national State House. To the right is Deputy Minister of Agriculture, Anthony Mavunde. February 17, 2023 . Source : Twitter (X)

Longping’s ambitions extend beyond this BBT farm. The company is also setting up block farms with the recently established Soybean Association of Tanzania.[26] According to the association’s chairman, Marcus Albany, these block farms will bring together a group of farmers, with each farmer contributing an area of land (minimum is 2 hectares and maximum is 10% of the entire block farm) to establish one large farm that will be managed as a group. The farm will operate under a contract with Longping, which stipulates the amount the farmers must pay Longping for the supply of inputs and machinery and the price they receive for the sale of their harvests, with the amounts renegotiated each season. As with the BBT farms, a farmer can transfer their share of the lands to another farmer, but that farmer must then take on the same conditions agreed to with Longping.

The Soybean Association of Tanzania and Longping have already formed one block farm in Morogoro Region that is presently at 5,700 hectares and they expect it to eventually reach 10,500 hectares. They are in the process of setting up another one in Lindi Region on 10,500 hectares, one in Katavi starting at 202 hectares and one in Sumbawanga that is still in the process of negotiation with a private landowner. Albany says that, although his association is not made up of youth, the government is also trying to get them to be part of the BBT farm in Mbeya.

Other Tanzanian businessmen are also moving quickly to acquire lands for soybean production. The newly established company Jadeja Farming is developing a 2,800-hectare soybean farm on contested lands at Sumbawanga district in Rukwa Region.[27] The company has ties to Jatu PLC, a company listed on the national stock exchange that claimed to be pursuing block farms but that ended up defrauding its shareholders of over USD 2 million.[28] In the northern region of Kagera, a Tanzanian company called Global Agency is building a massive 21,000 ha maize and soybean farm. Despite its past legal and financial troubles, Global Agency has received substantial funding from the Tanzania Agricultural Development Bank (via a loan from the African Development Bank), as well as political support from high level members of President Samia’s party.[29]

Moreover, Longping is not the only Chinese company investing in soybean production in Tanzania. In the coastal region of Kilwa, a company called Pan Tanzania Agriculture Developments is pursuing a 25,000 ha large-scale cassava and soybean farming project, on lands that were previously part of a much contested biofuels project that went bust. Pan Tanzania Agriculture Developments is connected to the Chinese company, Beijing Chaoliang (translated as “Best Agro” or “Super Grain”), as well as Hunan Construction Engineering Group and the Djibouti Silk Road International Bank.[30] In July 2022, nearly 25,000 ha were converted from village lands to “Export Processing Zone” lands, opening the possibility for Pan Tanzania Agriculture Developments to acquire them on a long-term lease.[31]

Land conflicts will get much worse

The combination of China’s new interest in soybean exports from Tanzania and the Tanzanian government’s revitalised interest in foreign agribusiness investment is creating the conditions for a surge in land grabbing. Land conflicts are already present across the country, not only because of agribusiness projects but also because of deals for mining, wildlife and forest reserves, parks and carbon credit projects that the government is also pursuing. One of these, a “sustainable forestry” project with a company owned by a member of the Dubai Royal Family, involves setting aside eight million hectares of lands for the generation of carbon credits.[32]

The new push for block farms and soybean production adds fuel to a fire that is already running hot. For example, in the Kilosa District of Morogoro Region, tensions over land have simmered for decades between villagers who want to maintain access to lands for food production and businessmen who either use the lands for sisal plantations, rent them out for cash or hoard them and render them unproductive. The villagers finally succeeded in getting the government to intervene during the presidency of Magufuli and many land titles held by these businessmen were revoked. But the lands were not redistributed to the villagers. Instead, they were turned over to the District Councils, which are now consolidating the lands and leasing them out as block farms to so-called “farmer groups” to produce cash crops like sisal on the instructions of the state or are handing them over to businessmen and public agencies, such as Tanzania’s Agricultural Seed Agency.

Abdul Tumbo, a small farmer from Mvumi village in Kilosa District struggling to prevent his lands from being grabbed by businessmen and block farm schemes. (Photo: GRAIN)

Abdul Tumbo is a farmer from Mvumi village in Kilosa District. He has been repeatedly arrested and imprisoned for farming on lands that his grandparents farmed but that are also claimed by a powerful businessman. The Magufuli government revoked the businessman’s land titles a few years back but the District Council is now trying to organise these lands into a block farm instead of letting Tumbo and the other villagers continue with their farming. The villagers want nothing to do with the block farm. They say the land is theirs and there is no reason why they should pay rent for it. Moreover, they want to produce food for their families and communities, not commodities for companies.[33]

Tumbo points to one neighbouring community where the District Council has pushed ahead with a 325-hectare block farm on lands the local villagers have been farming since 1984 when a sisal estate was shuttered. In December 2022 the villagers planted local maize for food, and shortly after, on the very same lands, the “farmer group” planted sunflowers. Now the District Council has seized the maize harvest and tensions are boiling over.

Across Tanzania, similar conflicts are erupting as the government and businessmen illegally use backdoor channels to transfer large areas of village lands into block farms to produce soybeans and other crops for export. Thousands of small farmers and pastoralists could be displaced from their lands in the process, and many more could lose access to water, as these projects tend to involve the use of large amounts of water for irrigation. The impacts will be felt not only in rural areas, but also in urban centres, as the lands that small farmers now use to produce food for the country will be converted into large-scale farms to produce agricultural commodities for export.

In another example, in 2023, the government, controversially, gave an eviction order to villagers of at least 23 villages in Mbarali District through a government notice (no. 28 of 2008), whose implementation was delayed because of the controversy and uncertainty on the legality and morality of the notice itself. This eviction order affects one of the most productive districts and national food baskets for rice and will affect over 25,000 smallholder farmers in the area. The order is to expand the Ruaha National Park in a World Bank funded project.[34] At present, 852 villagers have taken the matter to the High Court of Tanzania to challenge the eviction order.[35]

The current situation in Tanzania is reminiscent of the ProSavana project that Japan sought to finance in Northern Mozambique a decade ago. That project involved the take-over of 14 million hectares of land in one of the most fertile and densely populated areas of the country to set up large farms and enlist farmers into contract farming schemes to produce soybeans and other cash crops for export to Japan. ProSavana was developed between the Japanese, Brazilian and Mozambican governments behind closed doors, without the knowledge of the affected communities. When these communities became aware of what was going on, they immediately began to organise resistance, with the support of civil society organisations in Mozambique, Brazil and Japan. Despite the powerful forces aligned against them, Mozambican farmers and their allies managed to stop the project, and it was officially terminated in 2020.[36]

This is a critical moment for Tanzania’s small farmers and pastoralists to defend their lands. These food producers are already struggling with a lack of access to sufficient land and water, exacerbated by the climate crisis and the country’s rapidly growing population. They can produce an abundance of nutritious, chemical-free foods to feed the country, and even produce a surplus for export, if the right policies are in place to support their seed systems, provide protection for their lands and water and ensure they have adequate access to markets. Scarce public resources should not be wasted on a failed model of corporate agriculture.

Banner photo: Tanzania’s Minister of Agriculture, Hussein Bashe, visiting a block farm project in Chinangali area, Chamwino, Dodoma District. Source : Twitter (X)

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[1] Oakland Institute, “After Defaulting on Loans, Kilombero Plantation Ltd (KPL) Goes up for Sale,” March 2019: https://www.oaklandinstitute.org/after-defaulting-loans-kilombero-plantation-sale

[2] “State tells off Kilombero plantation lobbyists,” Daily News, March 2023: https://dailynews.co.tz/state-tells-off-kilombero-plantation-lobbyists/

[3] For a selection of examples, see: “Annexe 2. Discarded land deals 2016” in GRAIN, “The global farmland grab in 2016: how big, how bad?”, June 2016: https://grain.org/e/5492

[4] SAGCOT also promised to establish large-scale farms on 350,000 ha, transition 100,000 small farmers into commercial farming, create 420,000 new employment opportunities, lift two million people out of poverty, and generate $1.2bn in annual farming revenue by 2030. See: Emmanuel Sulle, “Bureaucrats, investors and smallholders: contesting land rights and agro-commercialisation in the Southern agricultural growth corridor of Tanzania”, Journal of Eastern African Studies, 2020, DOI: 10.1080/17531055.2020.1743093

[5] Gideon Tups and Peter Dannenberg, “Emptying the Future, Claiming Space: The Southern Agricultural Growth Corridor of Tanzania as a Spatial Imaginary for Strategic Coupling Processes”, Geoforum 123, 2021: https://doi.org/10.1016/j.geoforum.2021.04.015

[6] “Tanzania government cancels Sh100bn Sagcot scheme,” The Citizen, May 2023: https://www.thecitizen.co.tz/tanzania/news/national/tanzania-government-cancels-sh100bn-sagcot-scheme-2681476

[7] “Magufuli Revokes Title Deeds for 14 Undeveloped Farms,” Tanzania Daily News, August 2017: https://allafrica.com/stories/201708150094.html

[8] Personal communication with Prudence Lugengo, Policy Specialist with SAGCOT, 24 March 2023.

[9] The government increased the budget allocation for irrigation from 57bn/- 2021-22 to 416bn/- in 2022-23 and has a stated objective to expand the irrigation area from 727,280 hectares to 822,285 hectares in 2022/2023, with a national irrigation target of 1.2 million hectares for 2025 and 8.5 million hectares by 2030.

[10] The idea for the project is said to have come from Geoffrey Kirenga, the CEO of SAGCOT.

[11] “Tanzanian government to draft 52,000 JKT members into BBT scheme,” The Citizen, July 2023: https://www.thecitizen.co.tz/tanzania/news/national/tanzanian-government-to-draft-52-000-jkt-members-into-bbt-scheme-4299870

[12] Details about the block farms were gathered from various news reports, government documents and interviews with various people involved in the programme in March and April 2023.

[13] “BBT bring hope for youth employability,” The Guardian, March 2023: https://www.ippmedia.com/en/features/bbt-brings-hope-youth-employability

[14] In July 2022, Dewji told Reuters that he plans to list an agriculture company worth up to $4 billion on the New York or London stock exchanges in 2023, with money raised mainly from development banks. Rachel Savage, “Tanzanian entrepreneur Dewji plans $2-4 billion grains production investment via SPAC,” Reuters, July 2022: https://www.reuters.com/markets/deals/tanzanian-entrepreneur-dewji-plans-2-4-bln-grains-production-investment-via-spac-2022-07-08/

[15] “Tanzania revokes titles to six farms owned by Dewji,” East African, January 2019: https://www.theeastafrican.co.ke/tea/news/east-africa/tanzania-revokes-titles-to-six-farms-owned-by-dewji–1410744

[16] See the post by Maria Sarungi Tsehai (@MariaSTsehai), 27 January 2024 on Twitter (X): https://twitter.com/MariaSTsehai/status/1751133786195087548?t=Rbeb-qm73R83MVzH6UFt-g&s=19

[17] See 2023 Budget address by Honourable Dr. Situmbeko Musokotwane, Minister of Finance: https://www.parliament.gov.zm/sites/default/files/documents/articles/2023%20Budget%20Speech.pdf; and Ministerial Statement by the Minister of Agriculture, Hon. Mtolo Phiri, MP, on the Farm Block Development Programme presented to the House, 16 March, 2023: https://www.parliament.gov.zm/sites/default/files/images/publication_docs/Ministerial%20Statement%20-%20On%20the%20Farm%20Block%20Development%20Programme.pdf

[18] Owen Khamula, “Agriculture ministry moves in to establish mega farms,” Nyasa Times, 30 June 2022: https://www.farmlandgrab.org/31400

[19] “Tanzania Country Presentation for HIH Investment Forum,” October 2023: https://www.fao.org/docs/handinhandlibraries/countries/tanzania/bbt_ps_m-m_presentation-raf-slide-wg-25-sept.pdf?sfvrsn=1dad93cf_1 and “USAID to invest $100M in supporting agribusiness youth in Tanzania,” Further Africa, November 2023: https://furtherafrica.com/2023/11/17/usaid-to-invest-100m-in-supporting-agribusiness-youth-in-tanzania/

[20] “First Shipment of Tanzanian Soybeans Enter China” June 2021: http://en.sasac.gov.cn/2021/06/25/c_7280.htm

[22] “Good news for soybeans farmers to effectively utilise Chinese market,” The Citizen, February 2022: https://www.thecitizen.co.tz/tanzania/news/business/good-news-for-soybeans-farmers-to-effectively-utilise-chinese-market-3721346

[23] Personal communication with Juhayna Kasuga, Director of Longping Tanzania, 21 March 2023.

[24] Personal communication with Juhayna Kasuga, Director of Longping Tanzania, 21 March 2023 and 27 November 2023.

[25] “Wakulima wa kusini wavutiwa na uwekezaji wa kampuni ya Longping High Tech”, Ministry of Foreign Affairs and East African Cooperation (Tanzania), May 2022: https://www.foreign.go.tz/resources/view/wakulima-wa-kusini-wavutiwa-na-uwekezaji-wa-kampuni-ya-longping-high-tech

[26] Personal communication with Marcus Albany, 24 March 2023.

[27] See the company website: http://jadeja.co.tz/about/. And the video about the farm: https://www.youtube.com/watch?v=oZJf5eA0X64&ab_channel=JadejaFarming. The farm is known as the Efatha Farm, which was embroiled in a land conflict, see: ‘We were wrong on farm dispute’, The Citizen, October 2017: https://www.thecitizen.co.tz/tanzania/news/national/-we-were-wrong-on-farm-dispute–2609534

[28] A director of Jadeja, Hussein Msemwa, was the Assistant Manager of Jatu PLC (https://www.linkedin.com/in/hussein-msemwa-07246211b/?originalSubdomain=tz). For more on Jatu PLC, see: “Struggling Jatu Plc turns to Dutch consultant”, The Citizen, January 2023: https://www.thecitizen.co.tz/tanzania/news/business/struggling-jatu-plc-turns-to-dutch-consultant–4075174

[29] On the legal and financial troubles, see the court cases against Global Agency for failure to pay Rabobank (https://tanzlii.org/akn/tz/judgment/tzhccomd/2021/3517/eng@2021-12-13) and Balton Tanzania (https://tanzlii.org/akn/tz/judgment/tzhccomd/2022/378/eng@2022-11-11). On the political support from Chama Cha Mapinduzi (CCM) Vice Chairman, Colonel Abdulrahman Kinana, see: https://panafricanvisions.com/2022/09/tanzania-ruling-party-vice-chairperson-welcomes-investors-in-kagera-region-which-is-suitable-for-opportunities/; and from the current Minister of Agriculture Hussein Bashe see: https://www.ippmedia.com/en/news/bashe-orders-misenyi-dc-support-investors-promote-agro-investments. The TADB does not report publicly on its financing of companies, however the AfDB’s report on its loan to TADB indicates that Global Agency received funds from the TADB for a Kagera farm and that 45% of the entire AfDB loan of $67 million went to companies in Kagera (of which the only other company listed was the Kagera Cooperative Union). See: https://www.afdb.org/en/documents/tanzania-tanzania-agricultural-development-bank-project-completion-report

[30] “Chaoliang Group’s Tanzania PTA construction project signed with Hunan Construction Engineering Group for USD 300 million,” China Agricultural Outlook News, October 2021: https://www.farmlandgrab.org//31442. Hunan Construction Engineering Group was sanctioned in 2013 by the World Bank for fraudulent practices in a road construction project in Tanzania: https://www.worldbank.org/content/dam/documents/sanctions/office-of-suspension-and-debarment/2018/nov-1/Notice-of-Uncontested-Sanctions-Proceedings-Case-268.pdf

[32] “Blue Carbon and the Government of Tanzania join forces to accelerate transition to low-carbon economy,” Gulf news, February 2023: https://gulfnews.com/business/corporate-news/blue-carbon-and-the-government-of-tanzania-join-forces-to-accelerate-transition-to-low-carbon-economy-1.1675752836855

[33] Interview with Abdul Tumbo, 29 March 2023.

[34] “World Bank investigating alleged crimes at $150 million Ruaha tourism project,” The Citizen, September 2023 https://www.thecitizen.co.tz/tanzania/news/national/world-bank-investigating-alleged-crimes-at-150-million-ruaha-tourism-project-4384506

[35] “Smallholders In Mbarali Protest Govt Plans To Evict Them From Their Land,” The Chanzo, February 2023: https://thechanzo.com/2023/02/09/smallholders-in-mbarali-protest-govt-plans-to-evict-them-from-their-land/

[36] For more information on ProSavana, see: https://www.farmlandgrab.org/cat/show/827

Original Source: Grain

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Oil about to flow but 2010 evicted Balaalo wait for compensation

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As Uganda races toward first oil production, promises of economic transformation are colliding with unresolved grievances from the country’s oil frontier.

In Buliisa, hundreds of Balaalo pastoralists forcibly evicted in 2010 remain uncompensated, excluded from the prosperity built on the land they once bought. Enos Mubangizi remembers being woken at 5 am in December 2010, hearing hundreds of gun-wielding soldiers and police outside, rounding up cows from his family kraals and those of his neighbours.

Local pastor Stephen Mugisha, a respected pillar of his community, received a call just a day before from then-coordinator of Uganda’s national intelligence Gen David Sejusa. Sejusa informed the pastoralists that the Ugandan army was evicting all the families and their cows from their land.

“We were the only family in the area that had a bungalow, and it was demolished,” Mubangizi says, a member of the Balaalo pastoralists who also lost cows and land.

Code-named Justice, an estimated 640 families were forced out, and 20,000 head of cattle were taken. For the Balaalo people, a nomadic pastoralist group spread out in the South, Western, and Northern parts of Uganda, cows make up most of the family wealth.

The 20,000 cows were mixed, and their owners could no longer identify them. A few managed to rescue their livestock but no longer had land to graze them. The cows who were mixed in the big herd died from a lack of pasture and water. Others were sold off cheaply, sometimes for less than Shs 50,000 ($14).

Mugisha had set up a primary school and laid the foundation for what he envisioned as a mega church. He lost all of it. Another pastor, Sam Tumwine, built a house that is now occupied by police.

“I wonder who the police are paying rent to,” he says.

When contacted, the police refused our request for comment. The parcels of land in Buliisa district targeted for eviction had become nationally significant – the site of oil discovery in 2006, and where much of the production infrastructure was installed – in a race to start extracting the country’s “black gold” by the end of 2026.

The new oil frontier turned neighbours into enemies – and the question remains whether anyone was held accountable for the devastating evictions. Almost 15 years later, Mubangizi and the hundreds of other violently evicted herdsmen say they are still counting their losses and waiting for compensation.

Conflict over land and oil-era property claims

When oil was being surveyed by Tullow Oil, a multinational UK-headquartered oil and gas exploration company, Mugisha says they asked the geologists if their cows would be allowed to continue grazing, and they were reassured this was fine.

The conflict between pastoralists and the local community started in 2007, less than a year later. Oil discovery had an immediate impact on the community: suddenly, people saw value in land and raced to transform it from a communal to an individual land tenure system.

As land values rose, disputes emerged over whether some sales of customary land were valid under local tenure arrangements. At the time, Buliisa was an extremely rural community, whose life was still communal, including land ownership.

Land possessed little value, costing about Shs 50,000 per acre at the time of Uganda’s confirmation of commercial oil discovery in 2006. District chair Fred Lukumu said he regarded some transactions as invalid because, in his view, sellers lacked exclusive title.

“It was an illegal transaction because people were selling what did not exclusively belong to them,” Lukumu said. “They were never verifying… just paying whoever told them land was theirs,” he adds.

Buliisa subcounty chairperson Kabagambe Kamanda doesn’t dispute the claim that pastoralists had bought land; rather, how the acquisitions were documented and understood locally.

By 2003, the numerous pastoralists who had come to graze cattle had started buying land. Pastoralists said they had consulted community members who informed them that they had the right to purchase and own property. Kamanda claimed that some buyers took advantage of weak land documentation and low public awareness of land law; pastoralists dispute that account.

He claims that, in some cases, acreage recorded in sale paperwork did not match what sellers believed they had agreed to. Frederick Watume, who was vice chairperson of Buliisa sub-county at the time, said some agreements brought to him lacked details he considered necessary, including acreage.

Though the herdsmen were trying to follow the law by ensuring that their land purchase agreements were stamped by local council leaders, the land purchase agreements brought to him for signing were defective.

“They would say, mukongolo (natives) sold land to such mulaalo (herdsmen), no acreage. Nothing,” he said in an interview.

“I warned them that in future, you’re going to lose this land.”

The local community says the herdsmen, who did not fence their cattle, were destroying crops. Lukumu says people were facing food shortages and the pastoralists would even beat natives trying to chase cows from their gardens.

COMING TO BULIISA IN THE 1980S

The Balaalo herder families’ ordeal began in December 2010, but the story started 30 years before. The herders thought they found a happy ending in the Buliisa area after being evicted from government property that was later sold to Indian sugarcane growers.

Balaalo people who were looking for jobs in the 1980s had come to the Buliisa community to take care of cows, and would pay them with milk, says Bernard Barugahare, an elder from the village and former district community development officer.

“They [herdsmen] kept coming, increasing, and in the process, they sold milk and started buying cows,” Barugahare said.

He says it was these herdsmen who invited their fellow tribesmen to come to Buliisa at the beginning of the 2000s. Pastor Mugisha reiterates that the invitation was extended by natives in the area.

EMPTY-HANDED, EVEN AFTER FILING CLAIMS

From interviews with more than 40 people, including the pastoralists, residents, local leaders, and civil society members, oil was the main factor in the eviction of the Balaalo.

Local leaders in the area remember the names of evicted herders well, but when asked directly about properties left behind, they give vague answers. They insist the pastoralists were compensated by the government and should not make any claims.

“Anybody who did not come back to claim property up to now has no moral authority to make a claim,” says Kamanda Kabagambe, the chairperson for Buliisa sub-county, whose office is less than two kilometres from Tumwine’s former home.

“Since 2011, I don’t think anyone would have failed to claim if there was any destruction that was not legal.”

A local journalist who covered the pastoralist-native conflicts between 2007 and 2010 describes it as “a terrible eviction,” adding that “people lost everything”.

The journalist Stephen Kabindi followed up with those he had interviewed in subsequent years, who were living with relatives for over a decade. “They will never be the same,” he says.

On X, Gen Sejusa indicated that this evacuation was carried out under orders from the Ugandan cabinet. He headed the security arm, while then-prime minister Apolo Nsibambi headed the overall task force. “No property or life was lost,” he wrote.

TURNING A BLIND EYE?

The Tilenga project is operated by French petroleum giant TotalEnergies EP Uganda on behalf of a joint venture that includes the government of Uganda and state-owned China National Offshore Oil Company. TotalEnergies is the majority shareholder with 56.67% of the project.

The French oil company acquired a stake in Uganda’s oil project 14 months after the eviction. Since then, legal battles in Uganda have ensued as pastoralists seek justice that still evades them to today. TotalEnergies maintains that the government’s responsibility is in the hands of the Ugandan authorities.

“Land acquisition has been implemented on behalf of the Government of Uganda under an approved framework aligned with national law and international standards,” François Sinecan, a press officer at TotalEnergies, said.

“Challenges – such as absentee owners or overlapping claims – have been addressed through formal grievance channels and, if unresolved, referred to competent authorities,” he adds.

Juliette Renaud, senior campaigner at Friends of the Earth France, which sued TotalEnergies over rights violations in Uganda, said that Total should have assessed more fully the human-rights risks associated with oil development in the region.

“You can see these evictions in the oil region started before TotalEnergies came to Uganda and they didn’t do a proper risk assessment of the human rights violations that could be linked to the oil development,” she says.

Sinecan says all land acquisition for Tilenga follows rigorous due diligence under The Land Acquisition Resettlement Framework (LARF) and Resettlement Action Plans (RAPs).

‘NOT INTERESTED IN OIL’

Politics too played a role in the eviction as local politicians warned the ruling party, including President Museveni, of their waning popularity if they failed to evict the Balaalo pastoralists, who share a close connection to Museveni’s pastoralist Bahima community.

After the oil discovery, a suspicion ran through local crop farming communities – who made up a large majority of the residents – that the second wave of pastoralists, who arrived in the area at the turn of the century, had come to steal their oil.

“The politicians started spreading false information that we had occupied local people’s land that had oil,” Mugisha says, adding, “as [cattle] herders, we were not interested in oil.”

Stephen Biraahwa Mukitale, a former member of parliament of Buliisa county who played a central role in pushing the government to evict the pastoralists, says he has never had a doubt that these pastoralists migrated to the area because they had prior knowledge about oil. He describes them as being fronts of powerful people who wanted to grab local people’s land.

“The locations where they went to in 2003, 2004 and 2005… the oil prospecting had started only to find out that all the oil wells and the pipeline as confirmed today are the very areas where these people had chosen to be,” Mukitale says, referring to the pastoralists. In interviews, other politicians in the Buliisa community who rallied for the eviction used terminologies like, “maybe”, “we suspect,” “we believe” in arguing that the herdsmen had prior knowledge.

HIGH COURT JUDGEMENT, BUT STILL NO RELIEF

Although there was a push for the pastoralists to be evicted after oil was discovered in 2006, the Balaalo fought it in court for four years, halting the process. In a 2013 high court judgment in a land case filed by the evicted pastoralists, Judge Ralph Ochan described their eviction as an “unlawful and a gross violation of rights” as provided for in Uganda’s constitution and other international instruments.

“The Balaalo were, on the evidence on record, violently and brutally evicted without any lawful orders of this or any other court,” wrote Judge Ochan. In the judgment, he took note of public rhetoric and demagoguery by political leaders in Buliisa district that stoked up anti-Balaalo sentiments.

Ordering the return of the pastoralists to “land they acquired through lawful purchase would in all probability lead to grave social unrest”, according to Ochan.

These reporters were shown a land purchase agreement that the herdsmen had signed with the locals, showing clear details of the land they had purchased and duly signed by all parties.

It is part of the evidence that had been presented in court and that their lawyers continue to assert while seeking compensation. The pastoralists reject the accusations of bad blood between them and the local communities, arguing that they had forged a good relationship.

“The locals loved us a lot; they never fought us. We were a united community. It’s politics that killed the good relationship and led to the eviction,” says pastoralist Mubangizi.

FORGOTTEN IN OIL COMPENSATION

The process of assessing, valuing, and acquiring land for oil projects began around 2015, and compensation for pastoralists was left out of the equation. While government officials interviewed acknowledge the “pastoralists question”, they argue that their case happened long before the land acquisition and compensation process. They further claim that a rigorous, multi-layered process ensured that compensation money was given to the rightful owners.

“For us, this process didn’t look at the particularity of the Balaalo. It looked at ownership. The Balaalo issue was 2010; the compensation was for 2019/20,” Ali Ssekatawa, director of Legal and Corporate Affairs at the Petroleum Authority of Uganda (PAU), said in an interview.

“If someone had been removed in 2010, is no longer on the ground, and there is no evidence, then there was no legal basis to be paid. If that person had a title that hadn’t been cancelled and was genuine, then that person was one of those who were paid,” he adds.

The ministry of Energy and Mineral Development, in a written response, said the 2010 eviction of the Balaalo pastoralists was a complex issue rooted in long-standing land disputes between the pastoralists and indigenous communities.

The ministry says it remains focused on its role in facilitating oil exploration and development within the broader government framework.

While the energy ministry described the eviction as a government decision based on court orders and efforts to address illegal occupation and escalating ethnic tensions, it acknowledges that it played a role in the process.

“The ministry supported the overarching government effort to enforce existing land laws and create an enabling environment for oil activities, while working with other relevant ministries to address the underlying land tenure issues. Our focus was on ensuring that any land acquired for oil development was done legally and with due process, within the context of these pre-existing disputes,” the ministry says.

DISPUTE OVER BLAME FOR ABUSES

Nicholas Opiyo, a human rights lawyer who documented the 2010 eviction, says oil companies, under the UN Guiding Principles on Business and Human Rights, have an obligation to ensure their investments do not lead to the abuse of affected communities’ rights.

Opiyo says oil companies benefiting from the project should bear a share of responsibility for harms suffered by affected communities.

“It’s clear that Total, Tullow and other companies hid behind the government to avoid responsibility, in some cases subcontracting their roles to private companies,” he said.

“They owe a duty of reparation and restitution to those communities. They can’t run away from those obligations.” A spokesperson for Tullow said the company “operates in strict accordance with all applicable international laws and regulations” and always seeks to “uphold the highest standards of ethical conduct and respect for human rights” in all its operations.

At a May 2025 conference that brought together civil society organisations, oil companies and government officials to discuss social and human rights issues in Uganda’s oil and gas sector, TotalEnergies EP Uganda General Manager Philippe Groueix said the Uganda project has become the most scrutinised project in the world.

“I would like to hear from the people themselves. To express that they have been positively impacted is not for us to decide; it’s up to them to share that their life today is better than before, and better than it would have been without the project,” Groueix said.

In a 2020 study, the World Bank estimated that Uganda could earn $800m per year, becoming a linchpin for economic transformation. But for the forgotten pastoralists, they believe that their future is doomed because of the oil.

When we arrived at the home of Mugisha on a sweltering afternoon, he was reluctant to revisit the ordeal his community had endured over the past 15 years as they sought justice. He thought speaking to strangers was pointless, as it would not bring a resolution.

Eventually, he spoke. For nearly an hour, he recounted what the eviction had meant for them, their immense losses and the suffering they had endured since.

“We are now very poor. We didn’t know that until now a person could find himself with nothing,” he said.

Source: observer.ug

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‘Oil is a curse’: villages in Uganda face land ownership uncertainty

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For as long as Moses K. Asaba can remember, his family has lived on the ancestral land they call home.

A resident of Bugana village in Uganda’s Buliisa district, he speaks with a deep sense of uncertainty and frustration, no longer certain that he and his descendants will continue living there.

“I say the discovery of oil within our district, it was a curse to me and to my parents, because the land-grabbers got interested in Buliisa,” Asaba says, referring to what happened after the discovery of oil in mid-western Uganda in 2006.

In a race to kick off oil production in Buliisa, French energy and petroleum giant TotalEnergies E&P has been setting up infrastructure. While Ugandan officials promise that the industry will transform the fortunes of the country, Asaba thinks otherwise.

A SYMBOL OF CONFLICT

Their homes are located about 2.5 kilometres from an oil well, a petroleum terminology that refers to the area where a rig will be installed for drilling, one of the several places designated for drilling in the community.

Our reporters waded through a small river, guided by children found bathing in the stream, in order to get to the Ngara oil well, less than 50 metres beyond the river.

Hidden from view by tall grass and wild trees, it is neatly demarcated and fenced, with no indication that the land it sits on has been under dispute for 15 years.

This well is a symbol of the complex land conflicts sparked by the discovery of oil and the construction of oil-related infrastructure in the Albertine region. The conflict pits the local community members against Francis Kahwa, a businessman in his 70s. The businessman acquired a title deed for the piece of land.

“It’s not only Kahwa. There are very many prominent names behind the land-grabbing,” Asaba says. This land dispute also reveals how land conflicts supposedly resolved by the locals evicting the Balaalo pastoralist community due to oil discovery were never resolved.

‘It’s not the government’s fault’ government officials don’t want to take any blame for this particular strife between the local community and Kahwa.

“That dispute is not with the government,” Ali Ssekatawa, director of legal and corporate affairs at the Petroleum Authority of Uganda (PAU), said.

The Ministry of Energy and Mineral Development said the land where TotalEnergies E&P company is operating, which includes the Ngara oil well, is where “compensation remains outstanding and is subject to court proceedings”.

Government officials also insist that this conflict won’t derail the start of oil production scheduled to begin before the end of 2026.

They indicate that the Ngara oil well is not among those that will be drilled first for oil production.  Its drilling is not expected to begin for another seven to 10 years, officials said, adding that TotalEnergies can continue its operations while the ownership dispute is resolved in court. Any rent payments will be held in escrow and released to the legal owner once the case is settled.

THE SPAN OF THE CONFLICT

According to community leaders, Kahwa claims to have bought more than 500 acres from the local council chairman in the area around 2011 when the Balaalo pastoralists had been evicted.

“He has an agreement and a stamp. How is it possible?” Kamanda Kabagambe, Buliisa sub-county chairperson, said.

Repeated requests to Kahwa for an interview went unanswered. After the eviction of pastoralists, Uganda President Yoweri Museveni directed that the land should be placed under the Buliisa district land board for supervision.

Local leaders question how the land slipped through the hands of the district’s land board into the hands of a private businessman like Kahwa.

In 2011, Museveni also issued several directives – both verbal and written – that all land titles that had been issued in Buliisa district be revoked.

The Ministry of Lands announced in 2017 that it had cancelled all land titles issued in the district between 2010 and 2017.

In a subsequent interview, Uganda’s then-minister of lands Betty Amongi argued that one person couldn’t own the size of the land that Kahwa claimed to have purchased through the right channels.

Despite these directives and the cancellation of titles, Kahwa ultimately prevailed in court. In 2022, he won a ruling recognising him as the rightful owner of more than 500 acres of land.

The court issued orders directing the government to pay him rent for the oil well situated on the land. However, the community appealed to a higher court, extending the court battles. As a result, government payments for rent on the designated oil parcels stopped once again.

The money is “being held in an account until we see the winner because for us, we don’t know the winner”, Ssekatawa says.

Last year, the government’s anti-corruption unit arrested Kahwa and prosecuted him for allegedly using forged documents to claim ownership of land in the same oil district.

The case, however, concerned a different parcel from the one on which the Ngara oil well is located. Land ownership, a national challenge In interviews, Ugandan government officials credit themselves for doing excellent work.

Total Energies EP has said it has registered a 99% land compensation rate. Ssekatawa argues that the land conflicts seen in oil-producing areas are not unique to the sector or region of Uganda.

He explains that Uganda’s land tenure system is “fundamentally distorted”, with multiple ownership systems often overlapping on the same piece of land. Land disputes are a nationwide problem, with more than 70 per cent of High court cases relating to land or succession.

This, Ssekatawa adds, leads to disputes between private individuals or communities, or between individuals and the government, often regarding compensation.

“The oil and gas footprint is so small in the country,” he says, noting that the same challenges occur whether land is acquired for an oil rig or any other government project.

Collins Opio, Total Energies EP Uganda project manager for land acquisition and livelihood restoration, also says the absence of formal land titles, undocumented inheritance arrangements and unmapped land boundaries frequently lead to ownership disputes and delays in compensation.

“This resulted in recurring boundary disputes and required extensive community engagement, repeated surveys, and legal support to ensure compensation reached the rightful beneficiaries,” Opio said in a 2025 Total report.

To address land disputes, Ssekatawa says the government set up a multi-level system to verify land ownership, helping conflict parties mediate, which resulted in ensuring that compensation only went to the right people.

For the land needed for Total’s project, more than 5,500 total stakeholders were impacted by land acquisition, with 775 primary residences relocated.

“Over 99% of compensation agreements have been signed and paid, and 100% of the planned resettlement houses for physically displaced persons have been constructed and handed over, complete with land titles,” the ministry said in a written response.

In the 2025 Total report, the company says it held more than 10,000 engagements in project-affected areas of Buliisa district.

It also leveraged mass communication channels to broaden its outreach, broadcasting 1,445 radio engagements, including talk shows, advertisements and public announcements. However, it doesn’t detail if any of the engagements were related to land.

More oil-related conflicts Many other disputes in Uganda — especially land conflicts — have been sparked by oil discovery and the development of oil-related infrastructure, some of which have been in litigation for more than a decade and are still ongoing.

One such conflict involves a piece of land measuring more than 300 acres where TotalEnergies is building a central processing facility. Some of the affected landowners took the government to court, resisting attempts to resettle them in areas with poorer or no social services.

In 2023, 26 Ugandans, supported by local and international NGOs, filed a case in Paris, France, accusing TotalEnergies’ Tilenga and the East African Crude Oil Pipeline (EACOP) projects of causing serious human rights violations.

Juliette Renaud, senior campaigner at Friends of the Earth France, one of the organisations that sued TotalEnergies, said that under French law, the company has a responsibility to prevent human rights violations associated with its activities anywhere in the world.

“Part of prevention is identifying risks, and what we are saying is that they haven’t identified the human rights violations linked to the project,” she says.

Diana Nabiruma, manager for programmes and communication at the Africa Institute for Energy Governance (AFIEGO), says communities affected by the Tilenga oil project have repeatedly called on TotalEnergies to hold public meetings.

AFIEGO, a Ugandan non-profit, provides legal support to dozens of people involved in land disputes in the region. Residents want a forum to collectively discuss compensation and other concerns related to land conflicts.

Nabiruma says the company largely prefers engaging households individually rather than meeting communities as a group.

“Communities believe that when they are together, their negotiating power is much stronger,” Nabiruma says, explaining that individual meetings can leave vulnerable landowners feeling intimidated and less able to raise concerns.

Enos Babyenda, who was born in Bugana village, home to Total’s Buliisa District oil well, says whether individually or together, he feels deluded by the whole process.

“When we first heard of oil, we thought that oil had come as a blessing to us, but it has now become the opposite,” he said.

Source: observer.ug/

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High Court blocks Kenya Railways bid to evict Muthurwa estate residents

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KRC cannot proceed with the eviction until the State fully complies with the court’s previous directives and the constitutional requirements governing forced evictions.

The High Court has rejected an application by Kenya Railways Corporation (KRC) seeking the implementation of eviction orders against residents of Nairobi’s Muthurwa estate, holding that the constitutional safeguards governing forced evictions have not yet been met.

In a ruling delivered by Justice Kanyi Kimondo, the court found that although KRC remains the lawful owner of the property, it cannot proceed with the eviction until all conditions set out in previous court orders and the Constitution are fully complied with.

The dispute, filed as Satrose Ayuma and 11 Others v KRC, involves families who have lived in the estate for decades as tenants of the Corporation.

Justice Kimondo noted that the court had, in its landmark judgment delivered on August 26, 2013, laid down strict safeguards intended to protect the dignity and rights of people facing eviction.

Among the conditions, the court directed that evictions should not be carried out at night, during adverse weather, on public holidays or festivals, or immediately before school examinations.

“These forced evictions must not take place at night, in bad weather, during festivals or holidays, prior to or just before school exams, and preferably at the end of the school term or during school holidays. No one is subjected to indiscriminate attacks,” the judge reiterated from the earlier orders.

Following the 2013 judgment, KRC and the residents entered mediation to agree on a structured eviction programme. However, the negotiations failed, prompting the Corporation to return to court in May 2014 seeking directions on how to implement the judgment.

The court also recalled orders issued in December 2015 requiring the residents to vacate by April 30, 2016, while directing the State to present, within 60 days, details of the legislative and policy framework governing forced evictions and the protection of the constitutional rights to housing and sanitation.

Justice Kimondo observed that more than a decade later, no evidence had been presented to show that the State had complied with those directions.

“Despite the very clear order… no such evidence was exhibited in the application, notwithstanding that it is now 13 years since the order was issued,” he said.

The judge further found that KRC had failed to demonstrate that the constitutional safeguards necessary to protect affected residents were in place.

“There was no information detailing the legislative and policy framework that the State has put in place to regulate forced evictions and demolitions and to advance constitutional rights to adequate housing and reasonable sanitation,” the court held.

Emphasising that compliance with its earlier orders could not be selective, Justice Kimondo ruled: “Partial or selective implementation of certain components alone or leaving out others is impermissible and cannot be sanctioned by this Honourable Court.”

The application was consequently dismissed, meaning KRC cannot proceed with the eviction until the State fully complies with the court’s previous directives and the constitutional requirements governing forced evictions.

Source: eastleighvoice.co.ke

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