The Ethics and Anti-Corruption Commission (EACC) has recovered public property valued at Sh100 million in Kwale and Mombasa counties following judgment by the Environment and Land Court that nullified their illegal allocation to private individuals and companies.
The recovered property includes a 0.253-acre government house in Kizingo, Mombasa, valued at Sh55 million, and a 1.14-acre beach access road reserve in Diani, Kwale, valued at Sh45 million.
Speaking during the handover of the recovered beach access road to the Kwale County Government, EACC Secretary and Chief Executive Officer Abdi Mohamud said the court decisions reaffirmed that public land belongs to citizens and should not be converted into private property.
“The court ruled that this is public property belonging to the people of Kwale and not to any private individual,” said Mohamud.
According to EACC, investigations established that the Diani beach access road, stretching from the Ukunda-Diani Road to the Indian Ocean, had been unlawfully allocated to a private company through a 99-year lease issued in 1994.
In a judgment delivered on July 14, 2026, the Environment and Land Court in Kwale declared the lease and certificate of lease null and void, ordered the cancellation of all related land records and restored the property to public ownership, guaranteeing uninterrupted public access to the beach.
The commission said investigations also revealed that the Kizingo government house had been fraudulently allocated to a former Senior Resident Magistrate through a 99-year lease issued in 1998.
On July 17, 2026, the Environment and Land Court in Mombasa declared the lease and certificate of lease illegal, null and void, cancelled all related documents and permanently restrained the defendants from dealing with the property.
EACC said the courts found government officials who facilitated the illegal allocation of both properties liable for misfeasance in public office, noting that they acted in bad faith and exceeded the powers entrusted to them.
The courts further awarded the government, through EACC, Sh20 million in damages for trespass and prolonged interference with public property and ordered the defendants to bear the costs of the suits.
Mohamud said the recovery of the Diani property adds to a growing list of public assets reclaimed by the commission in Kwale, including the 32-acre Kinondo-Chale property valued at Sh1.2 billion.
He said the commission is also pursuing the Kongo Mosque land case, which is expected back in court in two months, as well as the Chenze Ranch case scheduled for hearing in October.
Mohamud emphasized that EACC’s mandate goes beyond investigations and prosecutions, noting that preventing the illegal loss of public property remains one of the commission’s key priorities.
“If we can prevent the illegal loss of public property that is even better than making arrests. But where the law is broken, we will take action,” he said.
He urged the Kwale County Government to safeguard the recovered beach access road and ensure residents continue enjoying unrestricted access to the Indian Ocean, noting that many local residents rely on public access corridors because they cannot access beaches adjoining privately owned hotels.
Kwale Governor Fatuma Achani welcomed the recovery, describing it as a major milestone in the county’s efforts to reclaim public land.
She said the county had already recovered land near Kaskazi through the courts and secured a title deed in the name of the County Government, while another parcel earmarked for a tourist market remains the subject of an ongoing court case.
Achani said several beachfront parcels are still under dispute and reaffirmed the county government’s commitment to working with EACC to recover land acquired unlawfully.
She also appealed for the commission’s support in resolving land disputes in Mwereni and Lungalunga Ranch, alleging that some parcels had been transferred using fraudulent title deeds.
“This is a major achievement and it sends a strong message to those who grabbed public land. Anyone who knows they acquired land unlawfully should prepare because the law will catch up with them,” said Achani.
According to EACC, the commission has recovered public assets worth more than Sh1.16 billion across the Coast region over the past three years, including land belonging to the Kenya Airports Authority, Kenya Railways Corporation, Kenya Meat Commission and the County Government of Mombasa.
Mohamud said the latest court victories demonstrate the commission’s commitment to recovering illegally acquired public assets and protecting public resources for the benefit of all Kenyans.
By Chari Suche
