By David Njoroge
The Ethics and Anti-Corruption Commission (EACC) has reclaimed public land worth Sh30 million in Nyali, Mombasa, following a 12-year court battle against illegal allocation.
The 0.13-hectare parcel, part of the road reserve along Links Road adjoining 1st Avenue, had been unlawfully issued to private individuals nearly three decades ago.
In a judgment delivered on October 22, Justice Kibunja of the Mombasa Environment and Land Court declared the title deed issued to the late Sheikh Ali Taib illegal, null, and void from the outset.
The court ordered the Mombasa Land Registrar to cancel the title and restore the land for public use.
EACC investigations revealed that on January 19, 1996, the then Commissioner of Lands irregularly allocated the parcel on a 99-year lease, issuing a grant to Shaibu Hamisi Mgandi on March 15, 1996.
Mgandi later sold the property to Sheikh Taib, who obtained title number MN/I/9816 despite the land being part of the Classic Road reserve originally held by the defunct Mombasa Municipal Council.
EACC filed the case in May 2013 against Mgandi, Abdullah Ali Taib, the administrator of Sheikh Taib’s estate, and former Commissioner of Lands Wilson Gachanja.
The court also issued a permanent injunction barring the defendants from transferring, trespassing, or dealing with the property except by surrender to the government.
Justice Kibunja further directed the defendants to pay the costs of the suit with interest at court rates.
“This judgment reaffirms our commitment to recover illegally acquired public property and return it for the benefit of Kenyans,” said Stephen Karuga, Head of Corporate Affairs and Communication at EACC.
