The Ethics and Anti-Corruption Commission has recovered public land valued at Sh281 million in Mombasa following landmark judgments delivered by the Environment and Land Court in February 2026.
In consolidated cases ELC 64 and 65 of 2020, alongside ELC 180 of 2015 filed by the Kenya Railways Corporation, the court restored ownership of parcels Mombasa/Block 1/525 and 1/526 along Shimanzi Road to Kenya Railways. The court found that the parcels, which had been reserved for railway tenants and future road expansion, were unlawfully allocated in 1994 to a private individual and later transferred to third parties.
A judgment delivered on February 13, 2026 by Justice L. L. Naikuni declared the allocations illegal, ordered cancellation of the titles, and directed that the properties revert to public ownership. The two parcels are valued at Sh175 million.
In a separate ruling on February 3, 2026, Justice Y. M. Angima nullified a lease over Mombasa Island/Block XI/937 along Tom Mboya Avenue, formerly Tudor Road, which had been set aside as a road reserve. The court ordered the land to revert to public use and fined a former Commissioner of Lands Sh2 million for misfeasance in public office. The parcel is valued at Sh15 million.
The Commission also recovered additional parcels along the same corridor valued at Sh91 million, bringing the total value of reclaimed land in the area to Sh281 million.
Speaking during a site visit at the Shimanzi Road parcels, EACC Director of Legal Services, David Too, said the recovery was achieved through joint efforts between the Commission and Kenya Railways.
“We are here to witness land recovered through a court judgment obtained in collaboration with Kenya Railways. The parcels had been hived off from railway land and sold to third parties. The court has now restored them to public ownership,” said Too.
He noted that Kenya Railways filed its suit in 2015, while the Commission instituted separate proceedings in 2020, with both matters heard and determined in favour of the public institutions.
Too said the defendants had been granted a 90-day stay of execution, after which the Commission would proceed to implement the court orders if no appeal is filed.
He added that the Commission is pursuing other illegally acquired parcels in Mombasa, including land around the Kenya Ports Authority and the Kenya Civil Aviation Authority, and urged public institutions to take the lead in reclaiming grabbed property.
“Asset recovery remains a key tool in the fight against corruption. We will continue to investigate and institute civil proceedings to ensure public assets are returned to their rightful use,” he said.
Kenya Railways General Manager for Business and Commercial Services, Stanley Cheruiyot said the corporation had actively defended its property to safeguard public investment.
“We have pursued this matter for years and feel vindicated by the court’s ruling. We are now preparing to complete the legal processes to take possession of the property,” said Cheruiyot.
The commission has intensified asset recovery efforts over the past year, filing 79 recovery suits seeking assets valued at approximately Sh4.8 billion and successfully recovering Sh3.4 billion.
The Commission reiterated its commitment to reclaiming unlawfully acquired public assets and encouraged individuals and entities holding such property to surrender them for public use.
by Sitati Reagan
