- Harith Swaleh forfeited the land, which measures approximately 0.099 acres to the Ethics and Anti-Corruption Commission
- In its investigations, the EACC established that on or about November 12, 1997, the Commissioner of Lands at the time fraudulently allocated the land.
A Mombasa businessman has surrendered a parcel of land worth Sh18 million allegedly grabbed from Tom Mboya Avenue in Mombasa County.
Harith Swaleh forfeited the land, which measures approximately 0.099 acres to the Ethics and Anti-Corruption Commission
In its investigations, the EACC established that on or about November 12, 1997, the Commissioner of Lands at the time fraudulently allocated the land.
It had been set aside for future expansion and development of what was formerly known as Tudor Road.
The Commission established that through the illegal alienation of the public land, the former commissioner's actions were null and void ab initio.
On November 26, 2007, EACC, then known as Kenya Anti-Corruption Commission (KACC) filed a case against Swaleh and the Lands Commissioner at the Mombasa Law Courts.
Recently, Swaleh proposed to voluntarily surrender the land to EACC.
The anti-corruption body agreed to the same, prompting the parties to abandon the litigation after the defendant surrendered all his interest in the land.
On Tuesday, the recovery consent was recorded before Honourable Lady Justice Nelly A. Matheka of the Environment and Land Court at Mombasa.
The terms of the consent included, that the 1st defendant voluntarily agreed to surrender his interest in the Property Parcel Number Mombasa Island/Block XI/950 and to issue vacant possession of the same within 60 days.
Further, the court directed the Director of Survey to amend the Registry Index Map of Section XI and cancel any records, deed plans that created the said property and revert the said property to its original purpose of a road reserve.
The Land Registrar Mombasa was directed to rectify by the cancellation of any entries of leases registered on the property.
The court also issued a permanent injunction issued against the defendants, its agents, servants, employees and or assigns restraining them from trespassing, leasing, transferring and wasting the suit property.
EACC has called upon all persons who have grabbed lands to consider voluntary surrender.
"The Commission invites all other persons who have grabbed public property to consider voluntarily surrendering the same in lieu of lengthy and costly litigation which will nevertheless lead to forfeiture of the same to the Government," it said.