EACC has successfully recovered a parcel of public land valued at Ksh30 million in Nyali, Mombasa, after a 12-year court battle.
The 0.13-hectare piece of land, which had been irregularly allocated, was initially set aside for the expansion of Links Road adjoining 1st Avenue and has now been restored for public use following a ruling by the Mombasa Environment and Land Court.
In a judgment delivered on Wednesday, Justice Stephen Kibunja declared that the title deed issued to the late Sheikh Ali Taib was unlawful, directing the Mombasa Land Registrar to cancel the title and rectify the land records to reflect the property as public land.
According to EACC, investigations revealed that the land was unlawfully allocated on January 19, 1996, when the then Commissioner of Lands, without any legal basis, demarcated and leased the land for 99 years starting February 1, 1996, and allocated it to an individual.
Shortly after obtaining the grant, the allocated individual sold the property to Sheikh Ali Taib, who subsequently secured the title for parcel MN/I/9816, which forms part of the Classic Road reserve, which had been vested in the former Mombasa Municipal Council for road maintenance and future expansion.
In 2013, the EACC filed a case at the Mombasa Environment and Land Court, seeking to nullify the unlawful allocation and recover the property.
Justice Kibunja, in his ruling, stated that the grant leading to the issuance of the title was issued against the Commissioner’s powers and was therefore incapable of conferring ownership rights.
Additionally, the judge ordered that the land register be rectified and all entries related to the allocation be cancelled.
The court further issued a permanent injunction restraining the defendants and any other persons from trespassing upon, transferring, or dealing with the property, except in the event they were surrendering it to the Government of Kenya.
“The court finds that the plaintiff has substantially proved its claim against the defendants,” the judgment read in part. “The grant and title issued were unlawful, null, and void, and the same are hereby cancelled.”
“The Land Registrar Mombasa to rectify the register of the suit property by cancellation of the entries relating to issuance of Certificate of Lease in favour of the defendant over the parcel of land known as MN/I/9816 and any other interest purportedly created pursuant to the cancelled lease/certificate of Lease in respect of the parcel known as MN/1/9816.”
EACC welcomed the judgment, saying it reaffirmed the commission’s commitment to reclaiming public assets that were unlawfully acquired by private individuals and entities.
