A long-standing land dispute in Malindi has taken a legal turn after two individuals were charged with trespassing on land allegedly owned by a tycoon. The accused, Kaingu Thoya and Chenda Yeri, appeared before Principal Magistrate Joy Wesonga and denied charges of unlawful entry.
According to court proceedings, the prosecution claimed that Thoya and Yeri unlawfully entered and remained on the disputed property on two separate occasions. The land in question is said to be registered under a private tycoon whose identity remains undisclosed. However, the accused argue they have lived on the land for decades, claiming it to be ancestral land.
The case has stirred public interest amid allegations of harassment and abuse of power. Local residents allege that the tycoon has, over the past two years, used police officers to intimidate and harass the family, including orchestrating arrests without formal charges. The defense has hinted that the criminal charges could be part of a broader campaign to forcefully evict the long-time occupants.
Before Magistrate Wesonga, both Thoya and Yeri pleaded not guilty. They were released on a bond of Ksh.50,000 each with an alternative cash bail of Ksh.20,000. The court set the hearing date for June 6, 2025.
The dispute underscores the complex and often contentious land ownership issues in coastal Kenya, where informal settlements and generational occupation frequently clash with formal land titles. Human rights groups have previously raised concerns about the use of state machinery by powerful individuals to dispossess vulnerable communities.
Speaking outside the courthouse, a relative of the accused decried the charges as unjust and called on the government to intervene. “This land has been in our family for generations. Now someone comes with papers and the police — we are treated like criminals,” she said.
As the matter proceeds to trial, it highlights the urgent need for comprehensive land reforms and legal clarity in resolving disputes, particularly in regions prone to historical land injustices.