The Ethics and Anti-Corruption Commission (EACC) has won a court battle to reclaim a Mombasa road reserve valued at about Sh25 million. The Environment and Land Court in Mombasa ruled that the lease and survey plan used to create Mombasa Municipality/Block XIX/305 were invalid. The parcel, carved out of a road reserve along Machakos Road, provides an access route to the University of Nairobi’s Mombasa Campus.
According to the court, the parcel had been unlawfully removed from Machakos Road and allocated in 1994 to the late Ezekiel Luyali, who was then a councillor at the Municipal Council of Mombasa. EACC investigations established that the allocation was facilitated by David Kalume Randu, the Town Clerk, and Ahmed Mwidhani, the Mayor of Mombasa at the time. The allocation took effect on June 1, 1994, before a lease was issued on September 1 of the same year and registered a day later.
The court found that the required legal procedure for closing and disposing of a public road had not been followed. There was no evidence that Gazette notices had been issued to inform the public of an intention to close the road. The court also found no valid and approved Part Development Plan, Council or committee resolution authorising the allocation, or approval from the Minister for Local Government for the 99-year alienation.
Based on the evidence presented, the court held that the 1994 alienation was “illegal and fraudulent” and ruled that EACC had proved its case for recovery of the property. The Chief Land Registrar was ordered to remove the entries relating to the disputed lease from the land records. The Director of Survey was also directed to cancel and expunge Survey Plan Folio Register No. 264/37, which had been used to create the parcel.
The court further issued a permanent injunction stopping any sale, transfer, lease, charge, disposal or other dealings involving the property. EACC said the ruling reinforces the principle that public land set aside for public use cannot be turned into private property through an unlawful allocation. The commission urged public officers and institutions responsible for public land to act within the law and protect public resources in the public interest.
The judgment was delivered on September 24, 2026, in Mombasa ELC Case No. E049 of 2023 by Justice Y. M. Angima. EACC’s victory in this case is seen as a significant step in the fight against corruption and illegal land allocations in Kenya. The commission has been working to recover public land that was unlawfully allocated to private individuals and companies.
The EACC has secured several significant recoveries in recent months, including a Sh426.8 million forfeiture order against a former Kilifi land registrar. The commission’s efforts to recover public land and hold those responsible for corruption accountable are ongoing. The Mombasa road reserve recovery case is just one example of the EACC’s commitment to protecting public resources and upholding the law.
Key points
- EACC wins court battle to reclaim Mombasa road reserve valued at Sh25m
- Court rules that 1994 alienation of land was “illegal and fraudulent”
- EACC urges public officers to act within the law and protect public resources
