The Ethics and Anti-Corruption Commission (EACC) has secured the recovery of a public road reserve in Mombasa valued at approximately KSh25 million. The property, known as Mombasa Municipality/Block XIX/305, is located along Machakos Road and serves as an access route to the University of Nairobi Mombasa Campus. This recovery is a significant milestone in the EACC's efforts to reclaim public land that was illegally allocated.
The recovery follows a judgment delivered by the Environment and Land Court in Mombasa on September 24, 2026, which declared the lease and survey records creating the parcel null and void. The court found that the property formed part of a road reserve that had been illegally and fraudulently alienated in 1994. This judgment is a result of EACC investigations into the allocation of land reserved for public use.
According to EACC, the allocation took effect on June 1, 1994, and resulted in the issuance of a 99-year lease dated September 1, 1994, which was registered the following day. The investigations linked the allocation to David Kalume Randu, who was the Town Clerk, and Ahmed Mwidhani, who was the Mayor of Mombasa at the time, as well as the late Ezekiel Luyali, who was then a councillor at the Municipal Council of Mombasa.
The court noted that there was no evidence of a Gazette notice announcing the intention to close the road, an approved Part Development Plan preceding the alienation, a council or committee resolution approving the allocation, or approval by the then Minister for Local Government for the 99-year lease. This lack of documentation and approval led the court to declare the lease null and void.
The court consequently ordered the Chief Land Registrar to cancel the related entries and declared Survey Plan Folio Register No. 264/37, which created the parcel, null and void. The Director of Surveys was also directed to cancel and expunge it. This judgment effectively restored the property as a public road reserve and bars further private dealings with it.
The EACC's efforts to recover this public land demonstrate its commitment to fighting corruption and protecting public assets. The Commission's investigations and subsequent court action have ensured that this road reserve is returned to its intended use, providing a vital access route to the University of Nairobi Mombasa Campus.
The recovery of this KSh25 million road reserve is a significant achievement for the EACC, and it highlights the importance of protecting public land from illegal allocation and encroachment. The judgment also serves as a deterrent to those who would seek to exploit public resources for personal gain.
Key points
- The EACC recovered a public road reserve in Mombasa valued at KSh25 million.
- The court judgment declared the lease and survey records creating the parcel null and void.
- The recovery demonstrates the EACC's commitment to fighting corruption and protecting public assets.
