According to the Kenya law; Chapter 5- Land and environment
(1) All land in Kenya belongs to the people of Kenya collectively as a nation, as communities and as individuals.
(2) Land in Kenya is classified as public, community or private.
SEAFRONTS are classified as public lands. Only the Kenyan people ought to benefit from these public lands. OR in case a private property is to be developed 'near' seafronts, Rules require that a distance between any wall or fence of at least 60 meters from the high-water mark has to be kept
In Malindi, at a popular beach site Marine Park, the seafront is no more. This is the story of BILLIONAIRES RESORT MALINDI sitting pretty well on a public seafront at MARINE PARK Public Beach; and this is how;
Who are the owners of Billionaires Resort- Malindi?
1. Flavio Briatore: He is a successful Italian businessman and a former Boss of Formula One (F1) racing team. Briatore was convicted in Italy on several fraud charges in the 1980s, though the convictions were successively extinguished by an amnesty.
2. He is an Italian media tycoon and politician. He was a frequent criminal defendant, and convicted tax evader who served three times as Prime Minister of Italy, from 1994 to 1995, 2001 to 2006 and 2008 to 2011. Berlusconi is the controlling shareholder of Mediaset and owner of the Italian football club A.C. Milan since 1986.
Locals made an argument of how the land, apparently given by Kenya Wildlife Service (KWS) under a 20-year concession – being inside the demarcated area of the marine park – was given to the investor without a public hearing or competitive bidding, leaving local KWS officials overwhelmed and, according to a report from a source in Malindi, unable to defuse the situation.
What then ensued is, former Malindi M.P Gideon Mung'aro partnering with Biatorre. What beach operators, Malindians and other Kenyans heard is, The Resort construction got a go ahead. The Malindi Marine Park seafront was SOLD OFF contrary to the laws and the will of the public.
Passage through the front of The Billionaires Resort has been restricted! Often, when high tides rise, the tides hit The Billionaires resort perimeter fence. So what happens if the only way through, is through the very guarded front. This writer decided to take the bull by its horns and decided to pass through. His stroll was short lived as mean looking 'Maasai' guard intercepted his way though. 'Hii ni private property. Kwani wewe ni nani unapita hapa?' (This is a PRIVATE PROPERTY, who are you to pass through here?)
'Si maji imejaa huko chini hakuna njia boss.'' (There is no through way, the high tides have blocked the way boss.)-Our writer begged.
''Toka hapa!" 'Get out.' The guard barked!!
All this means, no one is allowed in that seafront. No member of public is allowed to pass through when the tides are high!!
BUT it all lies upon our leaders, selfish leaders who auction off public lands and property for their own selfish interests without considering the plight of common Mwananchi. This is the state of how rotten, our trusted leaders are trading with public resources!!!
Name: Faez M. Omar
SENIOR WRITER & EDITOR: www.malindians.com BLOG