NAIROBI, Kenya — The Environment and Land Court has issued six-month preservation orders stopping any construction, sale, or dealings on four disputed parcels of land in Parklands owned by Mandera Governor Mohamed Adan Khalif.
Justice Theresa Wairimu granted the interim orders following an urgent application by the Ethics and Anti-Corruption Commission (EACC), which is investigating the alleged unlawful allocation and transfer of public land originally reserved for a social hall associated with North Highridge Primary School.
The court barred Hanosa Developers Limited, Leah Bosibori, Alloys Maore, and Mohamed Adan Khalif from “entering, encroaching, excavating, constructing, developing, selling, transferring, charging or in any way dealing with the properties for six months pending investigations.”
The parcels under preservation are L.R. No. 209/12670, 209/12671, 209/12672, and 209/12673 — now referenced as L.R. No. 209/21526 following a resurvey.
Alleged Irregular Allocation
According to court filings, a 1969 letter of allotment reserved land in the area for a new primary school, now North Highridge Primary School. An adjacent parcel was marked for a social hall.
EACC told the court that the social hall land was later subdivided and allocated for private residential use.
The Commission alleges that in July 1995, letters of allotment were irregularly issued to private individuals and a developer based on an unapproved and unregistered Part Development Plan.
It further claims the then-Commissioner of Lands unlawfully facilitated the alienation of the public land and issued grants in breach of the repealed Government Lands Act.
The Commission argues there is no evidence that the land was lawfully converted from public utility to private residential use.
Court records show L.R. No. 209/12673 changed hands multiple times before being transferred in February 2021 to Governor Khalif. A December 2020 resurvey generated new land reference numbers, including L.R. No. 209/21526, now subject to preservation.
Legal Basis and Next Steps
The preservation orders were issued under Section 56 of the Anti-Corruption and Economic Crimes Act (ACECA), which empowers courts to prohibit dealings in property suspected to have been acquired through corrupt conduct pending investigations or recovery proceedings.
EACC argued that without preservation, continued construction or transfer of the property could undermine its investigations and any eventual asset recovery efforts.
The matter is filed as ELC Miscellaneous Application No. E028 of 2026. Justice Wairimu directed that the case be heard inter partes on March 5, 2026.
The case adds to a series of high-profile asset preservation actions pursued by the anti-graft agency amid intensified scrutiny of public land allocations in Nairobi and other urban centres.
Under Article 62 of the Constitution, public land includes land lawfully held, used, or occupied by a State organ.
Any conversion or allocation must comply with statutory procedures to safeguard the public interest.
