By Michelle Ndaga
The Ethics and Anti-Corruption Commission (EACC) has successfully recovered a public road reserve in Nyali, Mombasa, valued at KES 30 million, following a 12-year legal battle. The 0.13-hectare parcel, which had been irregularly acquired, was reserved for the expansion of Links Road adjoining 1st Avenue and has now been restored for public use.
In a judgment delivered on 22nd October 2025, Justice S. M. Kibunja of the Mombasa Environment and Land Court declared the issuance of title MN/I/9816 to the late Sheikh Ali Taib illegal, null, and void ab initio. The court ordered the Mombasa Land Registrar to cancel the title and correct the land register to reflect public ownership.
EACC investigations revealed that on 19th January 1996, the then Commissioner of Lands unlawfully demarcated and allocated the public parcel on a 99-year lease beginning 1st February 1996, without any application or justification. A grant, CR Number 28222, was irregularly issued to Shaibu Hamisi Mgandi on 15th March 1996, who later sold the land to the late Sheikh Ali Taib. The property forms part of the Classic Road reserve, originally vested in the defunct Mombasa Municipal Council for road maintenance and future expansion.
To recover the land, EACC filed Civil Suit No. ELC 85 of 2013 against Shaibu Hamisi Mgandi, Abdullah Ali Taib (administrator of Sheikh Ali Taib’s estate), and former Commissioner of Lands Wilson Gachanja. The court ruled in favor of EACC, ordering the cancellation of the illegal titles and issuing a permanent injunction restraining the defendants from trespassing, transferring, or otherwise dealing with the land, except by surrendering it to the Government of Kenya.
Justice Kibunja further ordered the defendants to pay the costs of the suit with interest at court rates.
The EACC welcomed the ruling, terming it a significant step in reclaiming illegally acquired public property and reaffirming the Commission’s resolve to protect national assets for the benefit of all Kenyans.
