The Ethics and Anti‑Corruption Commission (EACC) has reclaimed a grabbed public road reserve on Mombasa Island valued at approximately KSh21 million, bringing to a close a 17‑year legal fight to return public land intended for vital infrastructure development.
The victory comes after the Environment and Land Court in Mombasa delivered a landmark judgment on December 10,2025 cancelling the fraudulent ownership of land parcel Mombasa Island/Block XI/983.
In a detailed ruling delivered by Justice Stephen Kibunja, the court found that the roadway land, originally reserved for the expansion of Tom Mboya Avenue, had been irregularly and fraudulently allocated to private individuals, nullifying all titles and restoring it to the public domain.
The case dates back to January 18 2008, when the then Kenya Anti‑Corruption Commission (KACC) predecessor to the EACC, filed a suit at the Environment and Land Court after investigations revealed that the road reserve had been unlawfully taken from its designated purpose.
The EACC’s probe showed that the parcel, measuring approximately 0.13 acres, was first allocated through an allotment letter in January 1996 without any formal application, a clear violation of land governance laws.
The court record shows that the allotment was first made to Isaac Munyi Njeru, before the then Land Registrar, Kenneth K. Githii, issued a Certificate of Lease in favour of Julius Mwamsae in 2002 at an annual consideration of KSh 6,000 for a 99‑year term.
In 2003, Mwamsae sold and transferred the lease to Mohamed Mahfudh Saad for KSh 500,000, after which a new Certificate of Lease was issued in Saad’s name.
In his ruling, Justice Kibunja explicitly ordered that the title registered in favour of Saad be cancelled and that the land revert to public ownership so it can be used in accordance with its original purpose.
The judgment also included a permanent injunction restraining Saad “from dealing with the property in any manner other than surrendering it to the government.”
