The Ethics and Anti-Corruption Commission (EACC) has recovered a prime Government plot worth Ksh 30 million public land adjacent to the State House, Mombasa.
In a statement issued on Saturday, December 14, the Authority announced that the then District Officer in Mombasa, in collusion with the then Commissioner of Lands corruptly acquired the land.
“The Ethics and Anti-Corruption Commission (EACC) has recovered a prime Government plot worth Kes30 million, which had been illegally and corruptly excised from public land adjacent to State House, Mombasa, by then a District Officer in Mombasa, in collusion with the then Commissioner of Lands.
“In a judgement delivered on 11 December 2024, Justice Nelly Matheka of the Mombasa Environment and Land Court nullified all the transactions leading to the grabbing of the land and ordered that the property be reverted to the Government,” the statement read.
The land in question, Mombasa/Block XXVI/1010, measures 0.0492 hectares and had been originally set aside for government staff, specifically serving as the site for the Deputy Provincial Commissioner’s official residence.
EACC investigations revealed that after the land was illegally acquired, it was sold to a private company, which used the title to secure a loan facility at a local bank. This prompted the anti-graft agency to institute a recovery suit in 2015.
In her judgment, Justice Matheka upheld EACC’s submissions that the land, having been reserved for public use, was not available for private allocation. She declared all subsequent transactions illegal, null, and void.
Key declarations and orders issued by the court include:
Cancellation of the lease obtained by the initial private individual.
Restoration of the land title to the Government of Kenya.
Cancellation of the bank charge registered against the property.
A permanent injunction barring any further dealings, development, or transactions involving the property.
Cancellation of the transfer of land to the private company.
Award of general damages amounting to Kes 5 million against the parties involved for wrongful interference with public land.
EACC was awarded the costs of the suit.
Meanwhile, The Ethics and Anti-Corruption Commission (EACC) has successfully recovered public land valued at Sh300 million in Kisumu County, which had been illegally seized.
EACC Spokesperson Eric Ngumbi confirmed that the repossession followed a two-month civil litigation process initiated by the agency on behalf of affected government entities.
Among the recovered properties are seven acres of land belonging to Victoria Primary School, worth Sh100 million; two plots owned by Kenya Railways Corporation; and a road reserve in Milimani valued at Sh180 million.
Additionally, a government house in Milimani, valued at Sh20 million, was returned to the State Department of Housing.
The land seized from Victoria Primary School had been fraudulently sold by the school’s former head teacher, who collaborated with a board member to forge documents for the sale of 15 acres.
EACC is still in court to recover an additional eight acres as part of a broader effort to reclaim government land and properties in Kisumu.
Ngumbi added that the commission is also targeting other parcels belonging to Kenya Railways, Kenya Broadcasting Corporation (KBC), Ministry of Housing, Ministry of Roads, Lake Basin Development Authority (LBDA), Kenya Prisons Service, and Kisumu Water and Sanitation Company (KIWASCO).
"In one of the parcels belonging to Kenya Prisons Service, meant for construction of the regional headquarters, a law firm took over the property, subdivided it, and sold it to individuals who have constructed palatial homes," he said.
EACC noted that land grabbers, including a law firm that illegally took over and subdivided land meant for the Kenya Prisons Service, were selling properties to private individuals, some of whom have built luxury homes. The total value of land grabbed in Kisumu is estimated at Sh10 billion.
Ngumbi emphasised that EACC will continue its efforts to return all stolen land and government houses, targeting counties like Kisumu, Nyeri, Nakuru, and Mombasa.
"The EACC has moved to court to repossess these parcels of land and government houses which have been grabbed,” said the spokesperson.
He also warned potential land buyers to ensure due diligence to avoid falling victim to corrupt cartels.
