Kilifi, KENYA: Over 35,000 residents in Mariakani who are living in Mwabeja, Mwamundu and Mwakai villages of Mitangoni in Mariakiani, Kilifi County can now breathe a sigh of temporary relief after the court of appeal in Malindi accepted an appeal they had filed opposing an earlier ruling that awarded the 7100 acre piece of land they are living in to an individual .
The July ruling by Malindi high court Judge Oscar Angote had awarded the piece of land to Tsangwa Ngala Chome ruling that the squatters did not own the land.
However, the squatters through their lawyer Ogado Omeso argue that Tsangwa’s title deed to the land was acquired in questionable circumstances.
Omeso further argues in the appeal that the squatters some of whom have lived in the piece of land for 20 years own valid title deeds.
The July ruling had required the National Land Commission to acquire the land from Chongwe or look for an alternative piece of land to resettle the residents.
For decades , the Chongwe family has been embroiled in a tussle with the squatters over the expansive piece of land which has five public primary schools, two secondary schools and a health centre.
The case is now set to be heard from the 2nd of October 2018.