By Dorothy Musyoka
The Ethics and Anti-Corruption Commission (EACC) has recovered public land valued at Ksh 50 million in Mombasa County.
According to the EACC, the land of approximately 0.0873 hectares,is located within the Kenya Railways Light House Kizingo Estate, along Pwani Road near the David Kayanda Road junction.
“The parcel of land, known as Mombasa/Block XXVI/1137 and measuring approximately 0.0873 hectares, had been irregularly and illegally allocated to Kizingo Apartments Limited before being transferred to Kizingo Condominium Limited in 2011,” stated EACC.
The land, is reported to have been developed by the East African Railways and Harbors Corporation in the 1950s, with a four-bedroom house and a garage.
Since it’s inception, the property has remained in occupation and control of the Kenya Railways Corporation (KRC).
Investigations by the Commission revealed that the land had been irregularly allocated to Kizingo Apartments Limited, before being transferred to Kizingo Condominium Limited in 2011.
Following the investigations, the EACC filed a recovery suit on 7th July 2020 at the Environment and Land Court in Mombasa.
However the commission facilitated Alternative Dispute Resolution (ADR) mechanisms, which led to adoption of a consent agreement in court before Justice Stephen Kibunja.
Under the agreement, Kizingo Condominium Limited voluntarily surrendered the property to the Government of Kenya for registration in favour of the Kenya Railways Corporation.
“Parties engaged in an Alternative Dispute Resolution (ADR) process, after which the consent was presented to the court for adoption. As part of the settlement, Kizingo Condominium Limited undertook to surrender the original Certificate of Lease for cancellation and rectification of the land registry in favour of Kenya Railways Corporation,” noted EACC.
“In addition, the court issued a permanent injunction restraining Kizingo Condominium Limited from alienating, transferring, or in any way dealing with the land other than by surrendering it to the Kenya Railways Corporation,” added the Commission.
The Commission reaffirmed its commitment to recovering illegally acquired public assets and urged individuals or entities holding such properties to voluntarily surrender them for their intended public use.