By Mary Nyamanya

The history of Nyalenda land and the prison farm is deeply woven into the fabric of a community struggling against the backdrop of colonial legacies, administrative mismanagement, and evolving land ownership systems. Originating in 1930, when colonial authorities established a prison in Milimani, within the former municipal council of Kisumu in central Nyanza, the roots of this conflict lie in the appropriation of land for the prison and its subsequent transformation into a farm to sustain the inmates. This article delves into the intricate history of Nyalenda land and the prison farm, tracing its trajectory from colonial times to the present day, and highlighting the ongoing struggle of the Kasagam community to reclaim their ancestral land and the potential socioeconomic consequences for the region.

Land History to Date

In 1930, as the colonial administration established Milimani Prison in Kisumu, they aimed to secure agricultural resources to support the incarcerated population. This led to the procurement of a parcel of land, approximately 70-80 acres, within the West Kano location. The Kasagam community, native to the area, engaged in negotiations with the colonial authorities, proceeding with a temporary agreement for land use while awaiting a permanent purchase agreement. However, this initial agreement marked the beginning of a protracted dispute over land ownership. As time passed, the colonial government continued to exploit the land for the prison farm, providing no compensation or clarification of the land's status. Despite the community's efforts to reclaim their land and the mounting public and private debates, the prison farm remained under government control.

In the 1970s, the Ministry of Land allocated the land to the Kenya Prison Service, issuing an allotment letter for leasehold title, further complicating the already antagonistic situation. During the land adjudication process between 1978 and 1982, individual members of the Kasagam community received letters allocating disputed lands. However, when these allocations were later annulled, further confusion over land ownership ensued. Attempts by the community to obtain an official title deed to the land have since failed, leading to prolonged uncertainty and insecurity. In late 2018, the Kasagam community filed a lawsuit with the Land Commission seeking redress for historical injustices related to their ancestral lands. Despite the filing and follow-up of the lawsuit, the case is still under investigation, and no decision has been made. Meanwhile, eviction notices from Kenya's prisons hang over communities, threatening homes and livelihoods. The Kasagam community has made the land a source of livelihood and income by growing crops that contribute not only to their well-being but to the economy of the whole of Kisumu County. The threat of eviction casts a shadow over this vital socio-economic activity, with the potential to destabilize the entire region.

Economic Potential of the Land

The conflict zone of Nyalenda is not just a historical battleground; it holds tremendous economic potential. The region's fertile soil and favorable climate have made farming efficient. A variety of cash crops, such as vegetables and fruits, are grown on the land, serving as the food basket for busy Kisumu and its surroundings. It provides a steady supply of fresh food to the market, reducing reliance on distant sources. This has improved regional food security and created resiliency and diversity in food systems throughout the Kisumu region (Jonkman et al. 2019). The agricultural potential of these lands has contributed to the growth of local farmers and merchants. Smallholder farmers engage in crop production, a source of income as they benefit from improved market access and income generation. A constant supply of high-quality products prospers trade and market sectors, creating a win-win situation for both producers and consumers.

Moreover, various organizations and groups are utilizing the land for the commercial production of crops. An example is the United Destiny Shapers who practice smart farming on the land to grow organic foods (Otieno, 2023). Through an interview, one of the participants testified that 50 women and youth groups are participating in agricultural ventures within the land. In addition, approximately 100 farmers cultivate the land. This collaborative approach has resulted in shared resources, knowledge, and practices, increasing output and economic benefits for the parties involved. The availability of the land has also opened up opportunities for nurseries and planting seedlings, meeting the growing demand for high-quality seedlings among local farmers. By providing a variety of healthy seedlings, the land contributes to agricultural development in Nyalenda and nearby areas. All these agricultural activities are steered by the availability of water for irrigation from R. Auji, which supplies the entire farm, contributing to the continuous year-long supply of agricultural produce.

Challenges the Community Faces

One of the most pressing challenges facing the Nyalenda community is the impending threat of being displaced from the land they have settled and cultivated for generations. The possibility of eviction not only puts their homes and livelihoods at risk but also undermines all efforts to achieve economic stability and growth. The ongoing dispute obstructs any hope of developing a collaborative, sustainable land management plan that benefits both the community and the broader region. Tree cutting has become a problem and poses a significant threat to the land's environmental health and economic potential. Deforestation has disrupted the ecosystem despite the community trying to mitigate the effects of climate change by planting more trees. Invasion of the land to cut trees has subjected to the destruction of the farm produce resulting in little to no produce harvested. The legacy of unsustainable land management in Nyalenda paints an unpleasant picture of resources wasted and potential underlying. The community's inability to gain ownership of the land, aggravated by a seemingly endless cycle of legal battles, has hindered any chance of implementing sustainable land practices. This has had a cascading effect on the land's productivity, the community's livelihoods, and overall socio-economic development. Without ownership rights, the community is unable to make long-term investments, implement sustainable land use plans, or have the agency to enforce proper management practices.

The exhausting journey towards securing title deeds has become an unending ordeal for the Nyalenda community. An often slow and hectic legal system has become an obstacle to paperwork, hearings, and adjournments. A lack of clear documentation and unresolved historical disputes have left communities with the disheartening task of proving their legal rights to their land.

Recommendations/ Way Forward

While the economic potential of Nyalenda's land is irrefutable, appreciating it requires overcoming the mentioned challenges. Some of the ways of mitigating them include:

Resolving the land ownership dispute through collaboration with legal experts and advocacy groups to secure legal protection for the community's tenure rights.

Engaging in sustained advocacy efforts to keep the community's pledge in the public eye. This will garner support from wider society and apply pressure on authorities to find just and sustainable solutions.

Conclusion

The history of Nyalenda's land and the prison farm captures a struggle against historical injustices, administrative intricacies, and contradictory land ownership claims. The Kasagam community's determination to reclaim their ancestral land emphasizes the importance of recognizing and rectifying historical wrongs. As the dispute continues, the socioeconomic stability of not only the Kasagam community but the entire Kisumu County hangs in the balance, cautioning the enduring consequences of unresolved land conflicts.