NAIROBI, Kenya, Jul 24 – The Ethics and Anti-Corruption Commission (EACC) has successfully recovered public land valued at Sh104 million in Mombasa, which had been illegally acquired by a former government official.
The 1.73-acre parcel is part of the land reserved for the Moi International Airport, under the management of the Kenya Airports Authority (KAA).
In a judgment delivered on July 23, the Environment and Land Court in Mombasa, presided over by Justice Stephen Kibunja, ruled that the parcel had always been public land and was therefore not available for private allocation.
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.
Investigations by EACC revealed that the land was irregularly excised from a larger 538.76-acre parcel designated for airport use.
It was allocated without an approved Physical Development Plan (PDP), valid application, or payment of statutory fees—violating all 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.
Notably, 12 other parcels of land, all part of Moi International Airport and valued at over Sh2.5 billion, remain under active litigation as the EACC seeks full recovery.
