There was a reprieve for more than 600 families in Kwa Chocha area of Malindi Constituency in Kilifi County.
This is after the Environment and Lands Court dismissed a suit filed by a tycoon seeking to evict them from a 32-acre parcel of land.
There has been a legal battle between the residents occupying plot 371 Kwa Chocha, with the tycoon since 2016.
They said they were victims of constant police harassment following the tycoon’s plan to evict them forcefully from their land.
In the Judgment dated September 22 2022 Justice James Olola dismissed the suit by the tycoon and gave the residents adverse possession of the land paving way for them to now initiate the process of getting legal documents.
The Judge stated that Abdalla Issa the plaintiff who filed the suit on January 14, 2016, had prayed for an order of vacant possession against the 19 defendants he had sued from the land portion number 371 Malindi.
It is the plaintiff’s case that he inherited the parcel of land measuring some 30 acres by virtue of inheritance through Malindi kadhis court succession cause number 3 of 1995 which was subsequently confirmed in Malindi High Court cause number 55 of 2017, he said.
The Judge said the defendants admitted to having encroached on the disputed land and stayed for a period between 40 to 70 years without any disruption after their forefathers entered the land following a failed attempt to purchase the suit property
Further, the judge noted that the plaintiff failed to explain who had been in charge of the suit property for a period of 82 years arising from the death of Omar Sheikh Bin Athman in 1918 who he claimed the plaintiff inherited from to 2004 when he succeeded the suit property through the Kadhi.
Olola said from the court’s observation when the court visited the locus in quo many of the defendants had lived on the suit land for more than 12 years at the time the suit was filed and would be unfair and unjust to require them to vacate the land given the plaintiff had failed to be in control of the land and remove the people from the land.
In the circumstances, I hereby find and declare that the defendants are entitled to the portions of land they occupied as per the survey report of Moses Edward Kiguru surveyors dated June 2018 measuring 5.3382 ha. The Plaintiff is accordingly entitled to vacant possession of the area that was found to be vacant measuring 6.2052 ha and it is so ordered.
The 371 plot members in a meeting held at the land could not hide their joy and danced following the court victory saying at least now they would sleep knowing they would not be evicted after many years of tension, fear, and harassment by the police.
Edward Ponda said they have had a legal battle with the tycoon who claimed ownership of land since 2016 and it was a hectic period.
“We have gone through a lot of suffering, challenges, police used to harass us throwing teargas some of our youth were shot,” he said.
However despite the challenges they were now happy after the court ruled in their favor and will now be the rightful owners of the property.
Christopher Kambi one of the members of Plot 371 thanked the judiciary for the Judgment and specifically Justice Olola who made the judgment allowing them to have advanced possession of the land after personally visiting the farm during the hearing of the case.
He said the plaintiff claimed he inherited the land in 1995 despite that the owner died in 1918 which is 82 years.
“The tycoon lied a lot in this case claiming there are areas which are open but when the judge reached here he saw many people more than those who were sued because the plaintiff sued 19 people and the judge saw over 600 families so the judge told him to take the open spaces, ”he said.
To him, all the land is occupied and no one is supposed to vacate the land as per the court judgment.
Kambi said the locals were happy and now they are waiting for a court order from their lawyer so as to begin the process of getting title deeds.
“We have suffered a lot as you see us we have been teargassed, and there is still a pending criminal case that we blocked police from, executing their duties, but now that the land has been returned to the locals the truth is known am confident that the case will also be dismissed, ”he said.
Currently, he said they are happy because they will sleep comfortably knowing they will not be harassed.
Christine Mwaka a member of 371 said she was happy because after all the challenges victory was now on their side describing it as the journey from Egypt to Cannan.
She said their children could not go to school because of the constant police harassment and teargassing.
“We had built small shelters very few had built permanent houses but now we intend to build permanent houses,” she said.
Raphael Mkare who is also a member said the journey was tough but they united to pursue the matter legally which has led to the victory.
“We hail the government wherever it is to continue moving that direction and even if there are others who have similar challenges to follow the law and they will get justice, ”he said.
