A prime parcel of land in Mombasa City, which was acquired and sold irregularly, has been recovered, the Ethics and Anti-Corruption Commission (EACC) has revealed

The 0.13-acre plot, valued at Ksh21 million, had been earmarked for the expansion of Tom Mboya Avenue, but was fraudulently allocated to individuals through dubious processes dating back to the 1990s.

In a landmark ruling, Justice Stephen Kibunja of the Environment and Land Court cancelled the title deed for the land, declaring that the property had been acquired unlawfully.

Court records show that the land was first allocated to a businessman through an allotment letter dated January 24, 1996, despite no formal application having been made. 

In 2002, then Land Registrar issued a Certificate of Lease in favour of a second businessman, who acquired the property for a lease of 99 years at a modest Ksh6,000 annual fee.

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A year later, the second businessman sold the property to another individual for Ksh500,000, who in turn had a lease title issued in his name. All three transactions were found to be fraudulent by the court.

The case was first filed on January 18, 2008, by the now-defunct Kenya Anti-Corruption Commission (KACC), the predecessor to EACC, following investigations into the suspected grabbing of the public road reserve.

Justice Kibunja also issued a permanent injunction barring the land grabber from interfering with the land or dealing with it in any way other than surrendering it to the government.

With the title revoked, the land now reverts to public ownership and will be used for its original purpose, expanding Tom Mboya Avenue to improve transport infrastructure in Mombasa, the commission said. 

The case follows a similar one still in the coastal city where, in October this year, EACC successfully recovered a parcel of public land valued at Ksh30 million in Nyali, Mombasa, after a 12-year court battle.

The land was initially set aside for the expansion of Links Road adjoining 1st Avenue and has now been restored for public use following a ruling by the Mombasa Environment and Land Court.

According to EACC, investigations revealed that the land was unlawfully allocated on January 19, 1996, when the then Commissioner of Lands, without any legal basis, demarcated and leased the land for 99 years starting February 1, 1996, and allocated it to an individual.