The Environment and Land Court in Kenya has made a ruling that a plot of land known as Machakos Street in Mombasa, valued at approximately 25 million shillings, must be returned to the public. This land was originally part of a public road reserve but was later allocated to the late Ezekiel Luyali Liyai for the construction of residential houses. Currently, the land is being used as a parking lot for vehicles.
According to the court, the legal procedures required for the closure of a public road were not followed before the land was allocated. The court found that there was no evidence of official government advertisements to inform the public about the intention to close the road. Additionally, there were no proper records of any objections from neighboring plot owners.
The Ethics and Anti-Corruption Commission (EACC) presented to the court that the land was part of a road reserve under the Mombasa Municipal Council and was intended for public use. The EACC stated that the land was obtained by Liyai in 1994 through illegal means, facilitated by David Kalume Randu and Ahmed Mwidhani, who were the Municipal Clerk and Mayor of Mombasa at the time, respectively.
The EACC alleged that these officials abused their authority and violated their duty to protect public property by facilitating the allocation of the land unlawfully. However, Mwidhani denied the allegations, stating that he was not directly involved in the allocation of the land. He claimed that the responsibility lay with the municipal engineer, who was the technical officer with the authority to advise the council on land matters.
The court found that there was no evidence that the allocation was approved by the municipal council or the relevant ministry. The judge concluded that the allocation of the land in 1994 was illegal and fraudulent. Consequently, the court ordered the Registrar of Lands to cancel the registration issued on September 1, 1994, and prohibited the Liyai family or their agents from selling, transferring, or conducting any transactions regarding the land.
The court's decision emphasizes the importance of adhering to legal procedures in land allocation and the protection of public property. This ruling also highlights the role of the EACC in investigating and addressing corruption-related issues in Kenya. The case demonstrates the judiciary's commitment to upholding the law and ensuring that public lands are used for their intended purposes.
The case has significant implications for land management and governance in Kenya, particularly in ensuring that public lands are protected and used for the benefit of the community. The court's decision serves as a reminder to public officials of their responsibilities in managing public property and the consequences of failing to adhere to legal procedures.
Key points
- The court ruled that the land was allocated illegally and must be returned to the public.
- The land was originally part of a public road reserve but was allocated to a former politician for residential construction.
- The court's decision highlights the importance of adhering to legal procedures in land allocation and protecting public property.
