Mombasa businessman surrenders back to Gov't grabbed land worth Ksh.18M

A Mombasa-based businessman has surrendered back to the government a piece of land valued at Ksh.18 million that he had allegedly grabbed.

Harith Swaleh reportedly reached out to the Ethics and Anti-Corruption Commission (EACC) and handed over the parcel located at Tom Mboya Avenue (formerly Tudor Road).

He is said to have allegedly acquired the land illegally back in 1997, during which time it had been set aside for road reserve.

"On or about 12th November 1997, Wilson Gachanja, the then Commissioner of Lands, in purported exercise of powers vested upon the office under the law illegally, fraudulently and corruptly allocated the said parcel of land by excising the same from the road reserve set aside for the future expansion and development of Tom Mboya Avenue,” a source at EACC told Citizen Digital.

"At the time of the allocation, the land was not available for alienation to the defendant or any other person since it was already public land. The land parcel, described as Mombasa Island/ Block XI/950, measures approximately 0.04 of a hectare ( 0.0988421526 acres).”

The commission moved to court in 2007 seeking to recover the said land, where they sued Mr. Swaleh and the then Commissioner of Lands Gachanja for the illegal transfer and allocation of a public property.

Environment and Land Court Lady Justice Nelly A. Matheka oversaw the agreement when the businessman surrendered back the land and directed the cancellation of any documentation illegally created.

She also issued orders barring any transfer or leasing of the land.

“The 1st Defendant voluntarily agreed to surrender his interest in the Property Parcel Number Mombasa Island/Block XI/950 and to issue vacant possession of the same within 60 days,” stated the judge.

“The Director of Survey directed to amend the Registry Index Map of Section XI and cancel any records, deed plans that created the said property and revert the said property to its original purpose of a road reserve.”