MOMBASA, Kenya — The Ethics and Anti-Corruption Commission (EACC) has recovered a prime 0.13-acre parcel in Mombasa City that had been irregularly acquired and sold over decades, restoring it to public ownership.
Valued at Sh21 million, the plot had originally been earmarked for the expansion of Tom Mboya Avenue but was fraudulently allocated to private individuals through dubious processes dating back to the 1990s.
In a landmark ruling, Justice Stephen Kibunja of the Environment and Land Court cancelled the title deed, declaring that the property had been unlawfully acquired.
The court also issued a permanent injunction barring the previous holders from interfering with the land or disposing of it in any way other than surrendering it to the government.
Court documents reveal that the land was first allocated to a businessman through an allotment letter dated January 24, 1996, despite no formal application having been made.
In 2002, the then Land Registrar issued a Certificate of Lease in favour of a second businessman for 99 years at a modest Sh6,000 annual fee. A year later, the property was sold again for Sh500,000, with a lease title issued in the new owner’s name.
All three transactions were deemed fraudulent by the court.
The case, originally filed on January 18, 2008, by the now-defunct Kenya Anti-Corruption Commission (KACC), followed investigations into the suspected grabbing of the public road reserve.
“The land now reverts to public ownership and will be used for its intended purpose, expanding Tom Mboya Avenue to improve transport infrastructure in Mombasa,” EACC stated.
This recovery mirrors a similar case in Nyali, Mombasa, where the commission restored a Sh30 million parcel of land initially set aside for the expansion of Links Road after a 12-year legal battle.
EACC said these recoveries demonstrate the commission’s commitment to protecting public property and ensuring that unlawfully acquired assets are returned for public use.
