NAIROBI, Kenya- The Ethics and Anti-Corruption Commission (EACC) has scored a major victory in the fight against land grabbing, recovering a prime government plot valued at Sh30 million near State House, Mombasa.
This high-stakes case, involving corrupt dealings by former public officials, highlights the ongoing struggle to protect public assets from illegal acquisition.
EACC investigations revealed that the 5,296-square-foot parcel of land had been fraudulently allocated in a scheme involving Edward Mwangi Irungu, a former District Officer, and Wilson Gachanja, the then Commissioner of Lands.
The duo had sold the government land to Minalove Hotel & Restaurant Limited, a popular establishment in Mombasa, which later used the title deed to secure a bank loan.
In a decisive move, Justice Nelly Matheka of the Mombasa Environment and Land Court declared all transactions related to the land invalid.
She nullified the lease registered in favor of the hotel and revoked the title deed held by Equity Bank, which had used it as collateral for a loan.
The court ruled that the property, initially designated for public use, could not legally be allocated to private individuals. Justice Matheka ordered that the title be reverted to the Government of Kenya and issued a permanent injunction against further dealings on the land.
EACC also secured Sh5 million in general damages, to be paid jointly by Minalove Hotel and Equity Bank for their unlawful interference with public land.
These funds will be directed to the EACC to cover the costs incurred during the legal proceedings.
The court further instructed the rectification of the property’s register, erasing all illegal entries tied to the fraudulent transactions.
This landmark ruling reinforces the importance of safeguarding public resources. By holding individuals and entities accountable for illegal activities, the EACC sends a strong message against land grabbing in Kenya.
The case underscores the judiciary’s critical role in upholding the rule of law and protecting public assets from exploitation.
