The Ethics and Anti-Corruption Commission (EACC) has successfully recovered a parcel of public land valued at Ksh 104 million that had been illegally acquired from the Kenya Airports Authority (KAA) in Mombasa.
The reclaimed land, measuring 1.73 acres and designated as parcel MN/VI/3748, is part of the larger Moi International Airport reserve. It was originally set aside in 1961 for public use as part of the then Port Reitz Airport, now Moi International Airport.
According to a judgment delivered on July 23, 2023, by Justice Stephen Kibunja of the Environment and Land Court in Mombasa, the allocation of the land to Agil Mahmud—then Provincial Physical Planner for Coast Province—was unlawful. The court ruled that the initial allocation was illegal and irregular, rendering any subsequent transfers, including the title held by Academy Properties Limited, null and void.
Investigations by the EACC revealed that the land in question was fraudulently excised from a larger 538.76-acre reserve under KAA’s jurisdiction, identified as L.R MN/VI/3888. Mr. Mahmud was allocated the land based on an unverified sketch plan, with no approved Physical Development Plan (PDP), application, or payment of allotment fees as required by law.
The case, originally filed by the then Kenya Anti-Corruption Commission (KACC) on February 13, 2009, also implicated former Commissioner of Lands Wilson Gachanja for his role in facilitating the fraudulent allocation and transfers of the land.
“This recovery marks a critical milestone in the Commission’s ongoing efforts to reclaim public land stolen through abuse of office and corruption,” EACC said in a statement following the ruling.
The Commission has also confirmed that it is currently pursuing the recovery of 12 other illegally acquired parcels of land excised from Moi International Airport, valued at over Ksh 2.5 billion. These cases are at various stages before the courts.
The ruling underscores the judiciary’s support for public asset protection and reinforces the mandate of the EACC in fighting historical land fraud involving senior public officials.
Written By Rodney Mbua
