Court Nullifies Irregular 1996 Allocation

MOMBASA, Kenya – The Ethics and Anti-Corruption Commission (EACC) has recovered a public road reserve in Nyali valued at KES 30 million following a 12-year legal battle that concluded this week. In a judgment delivered on Wednesday, 22nd October 2025, Justice S. M. Kibunja of the Mombasa Environment and Land Court declared the private acquisition of the 0.13-hectare parcel illegal from its inception. The land, located at the junction of Links Road and 1st Avenue, had been earmarked for future road expansion by the defunct Mombasa Municipal Council.

The court found that the title deed, registered as MN/I/9816, was issued unlawfully and ordered the Mombasa Land Registrar to immediately cancel it and rectify the land register to reflect public ownership. Justice Kibunja's ruling described the original allocation as “illegal, null and void ab initio,” affirming that the property was never legally available for private alienation. A permanent injunction was also issued, barring the defendants or their agents from trespassing on or otherwise interfering with the property, except to surrender it to the government.

A Nearly Three-Decade Saga of Irregular Transactions

The EACC's recovery suit, first filed on 13th May 2013, brought to light a series of irregular actions dating back almost three decades. Investigations established that on 19th January 1996, the then Commissioner of Lands, Wilson Gachanja, demarcated and allocated the road reserve without any formal application or legal justification. A 99-year lease was subsequently granted, and on 15th March 1996, a Grant (CR Number 28222) was issued to an individual named Shaibu Hamisi Mgandi. Shortly thereafter, Mr. Mgandi sold the public land to Sheikh Ali Taib (now deceased), whose estate was represented in the suit by administrator Abdullah Ali Taib. All three—Mr. Mgandi, Mr. Taib's estate, and former Commissioner Gachanja—were named as defendants in the EACC's civil suit.

Implications for Mombasa's Infrastructure and Anti-Corruption Efforts

The recovery of the Links Road reserve is a critical development for infrastructure planning in Nyali, a rapidly developing area where public utilities are under strain. The road has previously been cited as being in a deplorable state and prone to flooding, with residents and local leaders calling for its expansion and proper maintenance. Restoring the grabbed parcel allows for future upgrades essential for managing increased traffic and development in the high-end suburb.

This case is emblematic of the broader challenge of historical land injustices in Mombasa and across Kenya, where public utility land, school grounds, and road reserves were illegally privatised, particularly in the 1990s. The successful EACC suit underscores a sustained effort by the anti-graft body to reclaim stolen public assets through the courts. Justice Kibunja of the Mombasa Environment and Land Court has presided over several similar high-profile recovery cases, including the recent restoration of land worth KES 104 million belonging to Moi International Airport and a KES 50 million parcel owned by Kenya Railways. These rulings signal the judiciary's strengthening stance against fraudulent land acquisition.

The EACC has framed this judgment as a major victory that reinforces its mandate. The commission has intensified its focus on asset recovery, reporting that it is pursuing stolen assets worth approximately KES 50 billion and has recovered assets valued at KES 28 billion over the past six years. This successful litigation in Mombasa is expected to bolster the commission's ongoing and future cases aimed at returning grabbed public land to its intended use for the benefit of all Kenyans.