Part of the recovered land in Mombasa County/HANDOUT
The Ethics and Anti-Corruption Commission (EACC) has recovered public land valued at Sh50 million, located within the Kenya Railways Light House Kizingo Estate in Mombasa County.
The parcel of land, known as Mombasa/Block XXVI/1137 and
measuring approximately 0.0873 hectares, had been irregularly and illegally
allocated to Kizingo Apartments Limited before being transferred to Kizingo Condominium
Limited in 2011.
The land is situated along Pwani Road, near the junction of
David Kayanda Road.
It contains house structures initially developed by the
East African Railways and Harbours Corporation in the 1950s, including a
four-bedroom house and garage.
The property has remained under the occupation and control
of the Kenya Railways Corporation since its establishment.
Following investigations by the Commission, a recovery suit
was filed on July 7, 2020, at the Environment and Land Court in Mombasa.
In a consent agreement recorded and adopted before Justice
Stephen Kibunja, Kizingo Condominium Limited agreed to surrender the property
to the government for registration in favour of the Kenya Railways Corporation.
Parties engaged in an Alternative Dispute Resolution (ADR)
process, after which the consent was presented to the court for adoption.
As part of the settlement, Kizingo Condominium Limited
undertook to surrender the original Certificate of Lease for cancellation and
rectification of the land registry in favour of Kenya Railways Corporation.
“The 2nd Defendant be and hereby agrees to surrender the
Original Certificate of Lease Title of Land Reference Mombasa/Block XXVI/1137
dated 13th December 2011 to the 1st Plaintiff's Lower Coast Regional Office
within 10 days from the date hereof for purposes effecting cancellation of the
2nd Defendant's interest thereof and rectification of the entries by the Land
Registrar in favour of the Kenya Railways Corporation (2nd Plaintiff),” the
consent letter reads in part.
In addition, the court issued a permanent injunction
restraining Kizingo Condominium Limited from alienating, transferring, or in
any way dealing with the land other than by surrendering it to the Kenya
Railways Corporation.
The Commission has reiterated its commitment to recovering illegally acquired public assets and urged individuals or entities holding such properties to voluntarily surrender them for their intended public use.
