The Ethics and Anti-Corruption Commission (EACC) has recovered public land worth Ksh104 million in Mombasa after a landmark ruling by the Environment and Land Court.
The reclaimed parcel, belonging to the Kenya Airports Authority (KAA) was allegedly illegally acquired by a former Coast Province Physical planner.
Court findings indicate that the land had originally been set aside for public use, but was unlawfully allocated to private entities using the former government official's influence.
Justice Stephen Kibunja delivered the judgement on Wednesday, July 23, ordering the cancellation of the title deed. The judge further airmed that the land never ceased to be public property and as such, its allocation to private hands was invalid.
Investigations by EACC have since revealed that the land had been isolated from a larger 538.6-acre area, which was specifically reserved for airport-related infrastructure.
However, subdivision and allocation were carried out without several key documents including a valid Physical Development Plan (PDP). There was also no formal application, and statutory fees was also overlooked.
All these discrepancies pointed to a violation of laws governing public land management, effectively invalidating the allocation.
A former commissioner of lands was also implicated in the scandal, with the commission accusing him of facilitating the unlawful allocation.
The latest court decision brought an end to a lengthy legal battle, as the anti-graft body initially filed the suit back in 2009.
In a separate incident, a former Principal Secretary was implicated in a scandal involving a Ksh200 million piece of prime land allegedly grabbed from the government. The high-value property located in Eldoret City is now the focus of a determined recovery effort by EACC investigators.
The 3.44-acre plot had originally been reserved for government housing. However, it was illegally allocated for the personal benefit of the former PS for Provincial Administration and National Security, alongside a company linked to a former Rift Valley Provincial Commissioner.
Further complicating the matter, a former Commissioner of Lands has also been named in the suit. This individual is implicated in an alleged breach of statutory and fiduciary duties, suggesting a broader scheme involving high-ranking officials in the land's illicit transfer.
