The Ethics and Anti-Corruption Commission (EACC) has recovered a 7.11-hectare (17.5-acre) parcel of land valued at Ksh2.8 billion, illegally carved out of Karura Forest and land belonging to the Kenya Technical Teachers College (KTTC). The landmark judgment, delivered on Thursday, October 23, 2025, by Justice David Mwangi of the Environment and Land Court in Nairobi, brings an 18-year legal fight to a close and marks a significant victory in Kenya's protracted struggle against the illegal acquisition of public assets.

The recovered property, located in the prime Gigiri area, was linked to the late powerful KANU-era Cabinet Minister, Joseph Kamotho. The court declared the title deed held by Gigiri Court Limited, a company associated with the former minister, null and void, ruling that the land was public property and had been acquired fraudulently. The case, initiated in 2007 by the EACC's predecessor, the Kenya Anti-Corruption Commission (KACC), unravelled a complex web of illegal transactions spanning from 1987 to 1995.

A Web of Illegal Transactions

Investigations presented by the EACC in court detailed how the prime public land was systematically acquired. The process began with the amalgamation of two separate parcels: a 0.566-hectare plot (approximately 1.4 acres) originally reserved for the Kenya Technical Teachers College (KTTC) and an additional 2.5 hectares (6.2 acres) illegally hived off from the gazetted Karura Forest. These were merged to create a new parcel, Nairobi Block 91/333.

In 1994, this amalgamated land was registered under Gigiri Court Limited, a company then owned by Mr. Kamotho. The company was subsequently sold, along with the illegally acquired land, to Mandip Singh Amrit and Manjit Singh Amrit for Ksh6 million. Following this sale, Gigiri Court Limited commissioned a private survey that unlawfully annexed an additional 3.8 hectares (9.4 acres) from Karura Forest. This created the final 7.11-hectare parcel, registered as Nairobi Block 91/386, for which a lease for residential use was illegally issued by the then Commissioner of Lands, Wilson Gacanja, on September 6, 1995.

In his ruling, Justice Mwangi affirmed that the land, being part of a gazetted forest and an institutional reserve, was not available for allocation to private entities. The court found that the allocation contravened both the Forest Act and the Government Lands Act. Crucially, the judgment reinforced Article 40(6) of the Constitution, stating that the principle of first registration does not offer protection for unlawfully acquired property. The court also found former Commissioners of Lands Wilson Gacanja and James Raymond Njenga personally liable for their roles in the illegal transactions.

Implications for Kenya: A Victory for Public Trust

The recovery of the Karura Forest land is a significant moment for Kenya, symbolizing a potential turning point in the fight to protect public spaces and natural resources. Karura Forest is not just a tract of land; it is one of Africa's largest urban forests, a critical "green lung" for Nairobi that provides essential environmental services, mitigates pollution, and serves as a vital recreational and cultural space for millions of residents. Its history is marked by fierce battles against land grabbing, most notably led by the late Nobel Laureate Professor Wangari Maathai in the 1990s.

EACC Chief Executive Officer Abdi Mohamud hailed the judgment as a major win that reaffirms the commission's commitment to recovering stolen public assets. "The recovered parcel, reserved partly as forest land and partly as institutional land, now reverts to the public and remains public property," Mohamud stated on Tuesday, October 28, 2025. He noted that the EACC has intensified its asset recovery efforts, filing over 80 suits in the past year to reclaim properties valued at approximately Ksh4.8 billion. Recent successes include the recovery of a road reserve in Mombasa, housing land in Bungoma, and properties linked to former Migori Governor Okoth Obado.

This ruling sends a powerful message to individuals who have illegally acquired public land that historical injustices can be rectified through the judicial process, regardless of the time elapsed. It underscores the judiciary's role in upholding the public trust doctrine, which holds that state resources must be protected for the benefit of all citizens. The land will now be restored to its rightful public use, with the Kenya Forest Service and KTTC set to receive their respective portions. The decision serves as both a legal precedent and a source of renewed hope for the preservation of Kenya's invaluable natural and public heritage.