EACC recovers public road reserve grabbed in Mombasa worth Ksh.21M

The Environment and Land Court nullified a title that had been irregularly issued over land reserved for the expansion of Tom Mboya Avenue.

In a judgment delivered on December 10, 2025, Justice Stephen Kibunja ordered the cancellation of the title for the land parcel, finding that its alienation and allocation were unlawful, illegal, null and void from the outset.

“A declaration is hereby issued that the alienation and allocation of Mombasa Island/Block XI/983, being part of the road reserve, was unlawful, illegal, null and void ab initio,” read the court documents.

The 0.13-acre parcel, located within Mombasa Island, had been reserved as part of the road reserve for Tom Mboya Avenue, formerly known as Tudor Road.

EACC investigations established that the land was irregularly allocated in the 1990s before changing hands through a series of transactions that culminated in its sale to a private individual.

The case, initially filed on January 18, 2008 by the then Kenya Anti-Corruption Commission (KACC), followed investigations into allegations that public utility land had been fraudulently excised and allocated to private persons.

According to evidence presented in court, the land was first allocated to Isaac Munyi Njeru through an allotment letter dated January 24, 1996, issued without any application. In 2002, a Certificate of Lease was registered in favour of Julius Mwamsae for a 99-year term, before the property was sold and transferred in 2003 to Mohamed Mahfudh Saad.

The court found that the land was never available for alienation, noting that it formed part of a road reserve and that the processes relied upon to justify its allocation, including the use of development plans, were either irregular or unsupported by official records.

“The evidence adduced herein on where the suit property is situated leaves no doubt that it is on a road reserve,” Justice Kibunja said in his determination.

In its final orders, the court directed the Land Registrar in Mombasa to rectify the register by cancelling all entries relating to the issuance of the lease and reinstating the land as part of the road reserve. The current holder of the title was also ordered to vacate the property within 90 days; failure to which an eviction order would issue.

“An order is hereby issued directing the Land Registrar, Mombasa, to rectify the register of Mombasa Island/Block XI/983 by cancelling the entries relating to the issuance of the Certificate of Lease dated 20th December 2002 … and reinstate it as part of the road reserve,” the judge ruled.

Justice Kibunja further issued a permanent injunction restraining any dealings with the property other than its surrender to the Government of Kenya.