The Ethics and Anti-Corruption Commission (EACC) has halted the illegal sale of Sh. 1.4 billion grabbed cultural heritage site in the coastal county of Kwale.
The EACC has moved to court to stop the illegal sale of public land gazetted as a Cultural Heritage Site measuring approximately 6.405 hectares situated in Diani area, Kwale County, by private individuals.
The Commission, through an application dated 6th May 2025, sought to halt a sale of the property as advertised by Mohamed Hamisi Mwachumba and Ali Mwadarashi Mwagarishe.
In the court document, EACC is seeking preservation orders restraining the two from alienating, disposing, transferring, charging, leasing, sub-dividing LR. No. 13445 at Tiwi Kwale.
The Court granted interim orders pending the hearing and determination of the Application on 10th June 2025.
Further the anti graft commission, in its efforts to safeguard public interest, during this investigation has registered a caution over the subject property at the Land Registry to prevent any further transaction.
EACC Chief Executive Officer (CEO) Abdi Mohamud who visited the Kongo mosque site is urging both public offices, public officers and the public at large to remain vigilant and cooperate with the EACC and share any information that will be useful in supporting the investigation process.
In April 2025, the commission received a report from the public that private individuals, namely Mohamed Hamisi Mwachumba and Ali Mwadarashi Mwangarishe, had grabbed a Parcel of land L.R. NO. 13445 measuring 6.405 Hectares near the Kombo Mosque at Diani area that had been reserved as an ancient monument and the Kwale Islamic Center for use by the Muslim population in Kwale County.
Mr. Mohamud says that the land in question has been advertised for sale at Sh. 1,445,000,000 by the two individuals who claim to be the owners of the property.
He said the commission commenced an investigation and made the following preliminary findings: the land LR. No. 13445 is prime land bordering a public beach and adjacent to the Mwachema River, famously known as Kongo River and measures approximately 6.405 hectares.
It is the host to the Kongo Mosque built in the 14th century by Arab traders and has historical features, including the structure of the prayer area and graves belonging to the Persian Arabs.
It was gazetted as a National Monument in 1927 by the then Acting Governor of the Colony and Protectorate of Kenya.
In 1983, the Government of Kenya gazetted the Kongo Mosque Diani and all the surrounding land of the mosque as a protected National Monument under the Antiques and Monuments Act No. 2 of 1983 vide gazette notice number 440.
On 16th December 1986, the parcel of land reference no. L.R. no. 13445-Kwale was registered as a new grant and a title, Grant No. CR 17943 was issued to late president Daniel Arap Moi, who later surrendered the land on 6th March 2009, upon learning that the property had been reserved for public purposes as an Islamic Centre of Kwale.
It was then issued with a new LR. No. 29086 measuring approximately 6.405 Hectares and a Grant CR. 55035 was prepared under the Permanent Secretary to the Treasury of Kenya as a Trustee for the Kwale Islamic Centre and registered on 24th February 2012.
Later in the year 2012, the parcel of land was given to the Kwale Islamic Centre under the custody of the Kongo Development Committee.
On 22nd August 2024 and 22nd October 2024, the Cabinet Secretary for the Ministry of Lands, Public Works, Housing and Urban Development, through the State Department of Lands and Physical Planning, forwarded a lease document for L.R. No. 13445 in the name of Mohamed Hamisi Mwachumba and Ali Mwadarashi Mwagarishe for registration in compliance with a court order issued by Justice Maureen Odero in HCC 73 of 2005 Originating Summons filed in Mombasa, where the two had applied for adverse possession of Land Reference No. 13445 CR. 17943.
A decree was issued on 15th November 2007, but it was never affected until 28th November 2014, when a subsequent order was issued by the court directing that the two be registered jointly as the beneficiaries of the subject property.
On 17th February 2025, a Lease certificate was issued and registered in favour of Mohamed Hamisi Mwachumba and Ali Mwadarashi Mwagariche.
The anti-graft czar who was accompanied by EACC Director of Legal Services David Too says his commission established that Mohamed Hamisi Mwachumba and Ali Mwadarashi Mwagariche have never resided in the disputed area, nor have their ancestors as alleged.
It was also noted that parcel LR No. 13445 was listed in the Ndu’ngu Commission Report as an illegal/irregular allocation of public land vested in the National Museum.
The title issued to Mohamed Hamisi Mwachumba and Ali Mwadarashi Mwagariche is parallel to an already registered Grant CR. 55035 of LR. No. 29086 that reserved the land for public purpose as an Islamic Centre for the Kwale Community under the management of the Kongo Development Committee.
“The land, having been so reserved, was not available for allocation for private allocation and or use,” insisted Mohamud, sending a warning message to graft lords that it will not be business as usual.
Kwale County Attorney Salim Gombeni says the devolved government is determined to protect its own cultural heritage.
Gombeni said the Kongo Mosque site is not for sale and that the land surrounding it is a cultural and heritage site.
By Hussein Abdullahi
