By Grace Gilo
The Ethics and Anti-Corruption Commission (EACC) has successfully recovered public land in Mombasa valued at KES 104 million, which had been illegally acquired by a former government official.
The land parcel, measuring 1.73 acres and designated as MN/VI/3748, is part of the area reserved for Moi International Airport and is managed by the Kenya Airports Authority (KAA).
In a judgment delivered on 23rd July 2025, the Environment and Land Court in Mombasa, presided over by Justice Stephen Kibunja, ruled that the parcel has always been public land and, therefore, cannot be allocated for private use.
“The title held by Academy Properties Ltd, a subsequent transferee, was cancelled, as the initial allocation to Agil Mahmud, the then Provincial Physical Planner, was illegal and irregular,” stated the EACC.
Investigations by the EACC revealed that the land had been unlawfully excised from a larger parcel of 538.76 acres designated for airport use.
This allocation occurred without an approved Physical Development Plan (PDP), a valid application, or payment of statutory fees, all of which violated legal procedures.
The suit, filed by EACC (then KACC) in 2009, also implicated former Commissioner of Lands Wilson Gacanja for his role in facilitating the fraudulent transaction.
“This recovery marks a significant milestone in the Commission’s ongoing efforts to protect public assets,” EACC added.
Additionally, 12 other parcels of land, all part of Moi International Airport and valued at over KES 2.5 billion, remain under active litigation as the EACC seeks full recovery.