The Ethics and Anti-Corruption Commission (EACC) has
recovered a parcel of public land worth Sh30 million in Nyali, Mombasa, marking
the end of a 12-year legal battle against illegal allocation of a road reserve.
The 0.13-hectare piece of land, which had been set aside for
the expansion of Links Road near 1st Avenue, had been irregularly allocated to
private individuals nearly three decades ago.
The property has now been restored for public use following
a judgment delivered on October 22, 2025, by Justice S. M. Kibunja of the
Mombasa Environment and Land Court.
In his ruling, Justice Kibunja declared that the issuance of
title deed MN/I/9816 to the late Sheikh Ali Taib was illegal, null, and void ab
initio.
He directed the Mombasa Land Registrar to cancel the title
and correct the land register to reflect the public ownership of the road
reserve.
EACC investigations revealed that on January 19, 1996, the
then Commissioner of Lands, without any lawful justification or application,
irregularly demarcated, alienated, and allocated the parcel to Shaibu Hamisi
Mgandi on a 99-year lease.
A grant (CR No. 28222) was issued to Mgandi on March 15,
1996, who later sold the land to Sheikh Ali Taib.
The land, originally part of the Classic Road reserve, had
been vested in the defunct Mombasa Municipal Council for purposes of road
maintenance and future expansion.
EACC moved to court on May 13, 2013, filing Civil Suit No.
ELC 85 of 2013 at the Mombasa Environment and Land Court against Shaibu Hamisi
Mgandi, Abdullah Ali Taib (the administrator of Sheikh Taib’s estate), and
former Commissioner of Lands Wilson Gachanja.
The Commission sought to nullify the allocation and reclaim
the land for the public.
Justice Kibunja also issued a permanent injunction
restraining the defendants and their representatives from trespassing,
transferring, or dealing with the property in any way, except by surrendering
it to the government.
The court further ordered the defendants to pay the costs of
the suit with interest at court rates.
EACC hailed the ruling as a major win in its ongoing efforts
to reclaim illegally acquired public land. In a statement, Stephen Karuga, the
Commission’s Head of Corporate Affairs and Communication, said the decision
reinforces EACC’s commitment to protecting public resources.
“This judgment reaffirms the Commission’s resolve to ensure
that public assets are restored for the benefit of all Kenyans,” Karuga said.
The recovered parcel will now revert to public use as part
of the road reserve earmarked for the expansion of Links Road in Nyali.
