A prominent Malindi family that evicted squatters from their 360-acre parcel say their lives are in danger.
The Bakhshuen family, led by their spokesman Said Bakhshuen, said ever since the eviction took place, they have been receiving threatening calls and messages from anonymous people.
Speaking in Malindi, Bakhshuen said on the day of eviction irate members of the public destroyed some of his properties at his Ganda farm and stole goats in revenge.
The eviction took place last Saturday at Kanyangwa in Malindi town and was done under supervision by police following court orders he showed to journalists.
Bakhshueni who was accompanied by his two elder brothers Ali and Mbarak showed journalists all land documents to justify that the land belongs to the family who inherited it from their late father.
He said they have had legal tussles with the squatters who had sued them. One of such cases was dismissed after 15 years in 2005, giving them legality of ownership.
“After the squatters lost the case in 2005, they attacked me at the farm in 2006 as we were fencing the land. They burnt me in my Land Cruiser KAG 899U,’’ he said.
Bakhshueni who is lucky to be alive said the attack gave rise to a criminal case and the suspects were jailed in 2013 for 17 years while two of the six were jailed for two years.
He said the squatters after losing the case filed another suit in 2006 in Malindi and this time the number of squatters rose from 20 to 102.
The family spokesman said the case was heard by justice Christine Meoli and concluded in 2013. The squatters lost again and were ordered to leave the land in six months.
He said the squatters then appealed and lost the case.
Bakhshueni said the land initially belonged to Seif bin Hemed and his father bought it on August 9, 1955.
In 1972, he said, his brother bought the other two-third share of the land making them full owners of the whole parcel of land which was registered on December 3, 1976.
“If my father bought one-third share and brothers bought two-thirds share, this farm belongs to my family. That’s why we won in court. We have a title deed,” he said.
Bakhshueni said he said eviction order was issued on April 24 2015 after the squatters lost the appeal case at the court of appeal another one in 2019 and 2020.
He said the eviction last Saturday was done by a court bailiff supervised by police officers after they served the OCS, OCPD and county commander.
The family resolved through the National Land Commission to offer the squatters 30 acres of land of their choice to be subdivided among them.
At that time the land was valued at Sh3 million per acre, meaning they forfeited land worth Sh90 million to the squatters.
He said the squatters do not want the 30 acres but they want to sell the parcel of land which does not belong to them.
“Those are commercial people who sold land which does not belong to them. They claim we are tycoons yet we were born and brought up here," he said.
Bakhshueni said the parcel of land was subdivided into several plots and Kilifi county governor requested the family to increase the number of acres from 30 to 58, which they again agreed and set aside.
“This is a letter dated November 16, 2018 notification for approval of subdivision and change of use from agriculture to a residential area. The owners in consultation with the county government of Kilifi agreed to allocate 58 acres to settle 102 squatters as per High Court civil suit of 2008,” he said.
Currently, Bakhshuen and his brothers said they are not at peace and called on the government to protect them from the squatters who are threatening them.
He said they are ready to negotiate with the government to buy the land at its current value to resettle squatters.
At the farm journalists found out that a small mosque was burnt, a solar panel vandalised and over 100 goats stolen.
Charo Samson who has worked for the family for 20 years before the farm was sold to Stima Sacco said they were 25 employees but only seven are still there as the others left fearing for their safety.
He said on the day of eviction they fled for their safety as the goons could have lynched them.
Kilifi CEC lands executive Maureen Mwangovyaon said they are against such evictions as they undermine the talks that they have been having with landowners to resolve the land problem.
Edited by Henry Makori
