The Ethics and Anti-Corruption Commission (EACC) has reclaimed a prime piece of public land in Mombasa, valued at Ksh 104 million, that had been irregularly allocated to private individuals over 30 years ago.
The land, located within the Moi International Airport area and registered as MN/VI/3748, measures 1.73 acres and was initially reserved for public use by the Government of Kenya in 1961.
In a ruling delivered on Wednesday, Justice Stephen Kibunja of the Environment and Land Court in Mombasa declared the allocation to Agil Mahmoud, a former Provincial Physical Planner for the Coast, as illegal, fraudulent, and null and void.
The court found that Mahmoud had irregularly acquired the land, which was part of a larger 538.76-hectare parcel registered as L.R MN/VI/3888.
The allocation was based on a mere sketch, not a legally approved Physical Development Plan (PDP), violating planning and land allocation procedures.
“What remains certain, indisputable and unchallengeable is the fact that the suit property was once public land,” stated Justice Kibunja. “The 1st defendant did not have a good title and could not purport to transfer it.”The land was later transferred to Academy Properties Ltd, who claimed to have bought it from Mahmoud.
However, the court found that the company failed to conduct proper due diligence and had not established the legality of the property’s title.
The judge ordered the revocation of the lease, correction of the land register, and issued a permanent injunction barring Mahmoud and Academy Properties Ltd from any dealings with the land.
The property will now be restored to the Government of Kenya through the Kenya Airports Authority (KAA).
Also mentioned in the case is former Lands Commissioner Wilson Gachanja, who is accused of playing a role in the irregular allocation of land.
Welcoming the decision, the EACC confirmed it is currently pursuing recovery of 12 more parcels of land believed to have been illegally excised from the Moi International Airport estate. These parcels are estimated to be worth over Ksh2.5 billion.
Reviewed by Jack M
