The Ethics and Anti-Corruption Commission (EACC) has won a landmark court battle to recover a public road reserve situated along Machakos Road in Mombasa, adjacent to the University of Nairobi's Mombasa Campus. The land, valued at approximately KSh 25 million, was fraudulently taken from public use more than three decades ago.
According to EACC investigations, the road reserve was unlawfully excised from Machakos Road and allocated to the late Ezekiel Luyali, who was serving as a councillor at the Municipal Council of Mombasa at the time. Two council officials, David Kalume Randu, who served as Town Clerk, and Ahmed Mwidhani, who served as Mayor, were found to have irregularly facilitated the transaction.
The fraudulent allocation took effect from June 1, 1994, and resulted in a lease dated September 1, 1994, which was registered the following day. The court found that none of the legal requirements under the Local Government Act, then in force, had been satisfied. There were no gazette notices announcing any intention to close the road, no valid or approved Part Development Plan preceding the alienation, no council or committee resolution approving the allocation, and no ministerial approval for the purported 99-year lease.
Hon. Justice Y. M. Angima of the Environment and Land Court, sitting in Mombasa, delivered the judgement on September 24, 2026, in Mombasa ELC Case No. E049 of 2023. The judge declared that parcel Mombasa Municipality/Block XIX/305 had been illegally alienated in 1994 and ordered the cancellation of all land and survey records tied to the property.
Justice Angima declared the 1994 lease null and void, directed the Chief Land Registrar to cancel all entries relating to it, and similarly declared Survey Plan Folio Register No. 264/37, which created the parcel, null and void. The Director of Survey was ordered to cancel and expunge the plan. A permanent injunction was also issued, barring the first defendant, James Michael Luyali, suing as administrator of the estate of Ezekiel Luyali, along with his agents and assigns, from dealing with the property in any manner.
The court noted that the property was not developed and had continued to function as a public parking lot throughout the period in question. Following the ruling, the EACC called on public officers and institutions responsible for managing public land to discharge their mandates within the law and to protect public resources from unlawful conversion to private use.
The EACC's successful court battle is a significant milestone in the fight against corruption and land grabbing in Kenya. The commission's efforts have resulted in the recovery of KSh 25 million worth of land, which will now be used for its intended public purpose.
Key points
- The Ethics and Anti-Corruption Commission secured a court ruling to recover a public road reserve along Machakos Road in Mombasa valued at KSh 25 million.
- The land was fraudulently alienated in 1994 and allocated to a Mombasa Municipal Council councillor.
- The court declared the 1994 lease null and void and ordered the cancellation of all land and survey records tied to the property.
