The Ethics and Anti-Corruption Commission (EACC) has recovered 0.13 acres of public land in Mombasa, valued at Sh21 million, intended for the expansion of Tom Mboya Avenue.
The land had previously been allocated in a process later ruled unlawful, with successive transfers involving private individuals.
A judgment delivered on December 10 by Justice Stephen Kibunja of the Environment and Land Court cancelled the title, ruling that it had been obtained unlawfully.
“A declaration is hereby issued that the alienation and allocation of Mombasa Island/Block XI/983, being part of the road reserve, was unlawful, illegal, null and void ab initio,” Justice Kibunja ordered.
The court further directed the Land Registrar in Mombasa to rectify the register by cancelling all entries related to the property and reinstating it as part of the road reserve.
The case, filed on January 18, 2008, by the then Kenya Anti-Corruption Commission (KACC), followed investigations into allegations of improper allocation of the road reserve along Tom Mboya Avenue.
Investigations established that the land was first allocated in 1996 without a formal application. Subsequent transfers occurred in 2002 and 2003, with leases issued and later sold to private parties.
Justice Kibunja also issued a permanent injunction restraining the current holders from dealing with the property, other than by surrendering it to the government.
“An order for a permanent injunction is hereby issued restraining the 1st to 3rd defendants, their agents, servants, employees and/or assigns from trespassing upon, transferring, leasing, wasting, and/or dealing in any manner whatsoever with Mombasa Island/Block XI/983, suit property, other than by way of surrender to the Government of Kenya,” the judgment states.
With the ruling, the land will revert to the government to support the expansion of Tom Mboya Avenue, ensuring it serves public purposes.
The EACC reaffirmed its commitment to recovering public assets and promoting their use for the greater public good.
