The Ethics and Anti-Corruption Commission (EACC) has successfully recovered a public road reserve on Machakos Road in Mombasa, valued at approximately Ksh25 million. The commission obtained a court ruling that nullifies a 1994 illegal lease of the land. The parcel, known as Mombasa Municipality/Block XIX/305, was found to be part of a road reserve that had been irregularly excised and allocated.
Hon. Justice Y. Angima of the Environment and Land Court delivered the ruling on 24 September 2026. The judgment declared the 1994 lease and the survey plan that created the parcel null and void. The court also ordered the land register to be corrected and imposed a permanent injunction against any further dealings with the property. This ruling effectively restores the land to its original status as a public road reserve.
EACC investigations revealed that the road reserve was irregularly excised from Machakos Road and allocated to the late Ezekiel Luyali, then a municipal councillor, in June 1994. The allocation was facilitated by then Town Clerk David Kalume Randu and Mayor Ahmed Mwidhani, who bypassed required procedures under the Local Government Act. Key statutory steps, such as a gazette notice and ministerial approval, were absent, rendering the lease ultra vires.
The EACC's successful recovery of the public road reserve underscores the importance of managing public land strictly according to the law. The commission emphasized that public land reserved for public use must be protected from private conversion. The ruling also serves as a warning to public officers and institutions handling public land to adhere to their legal mandates.
The court ruling has significant implications for the management of public land in Kenya. It highlights the need for transparency and accountability in the allocation and management of public resources. The EACC's victory demonstrates its commitment to fighting corruption and protecting public assets.
The recovered land is located near the University of Nairobi's Mombasa campus. The restoration of the public road reserve will ensure that the land is used for its intended purpose, benefiting the public and promoting the development of the area. The EACC's efforts have prevented the loss of a valuable public asset.
The EACC has called on all public officers and institutions handling public land to adhere to legal mandates and protect public resources. The commission's efforts aim to promote good governance and prevent corruption in the management of public land. The successful recovery of the public road reserve is a significant step towards achieving this goal.
Key points
- The EACC recovered a public road reserve on Machakos Road valued at Ksh25 million.
- The court ruling nullified a 1994 illegal lease of the land.
- The EACC emphasized the importance of managing public land strictly according to the law.
