The Ethics and Anti-Corruption Commission has reclaimed a public plot worth KSh30 million in Nyali, Mombasa, after a 12-year legal battle.
The 0.13-hectare piece of land, which had been set aside for the expansion of Links Road near 1st Avenue, had been unlawfully allocated to private individuals almost three decades ago.
In a judgment delivered on October 22, 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 from the beginning.
“The Court further directed the Mombasa Land Registrar to cancel the title and rectify the land register accordingly,” read part of the statement issued by the Commission on October 23, 2025.
Investigations by the Commission showed that on January 19, 1996, the then Commissioner of Lands unlawfully demarcated and allocated the public land on a 99-year lease starting February 1, 1996.
A Grant, referenced as CR Number 28222, was issued to Shaibu Hamisi Mgandi on March 15, 1996, without any justification or consideration for public interest.
Soon after receiving the grant, Mgandi sold the parcel to Sheikh Ali Taib, who later acquired the title deed under parcel number MN/I/9816.
The land formed part of the Classic Road reserve, an area previously under the former Mombasa Municipal Council, meant for road maintenance and future expansion of the road network.
On May 13, 2013, EACC filed Civil Suit No. ELC 85 of 2013 against Mgandi, Abdullah Ali Taib (administrator of Sheikh Taib’s estate), and former Commissioner of Lands, Wilson Gachanja. The Commission sought the cancellation of the unlawful allocation and the recovery of the land for public use.
Justice Kibunja also issued a permanent injunction restraining the defendants from accessing, transferring, or engaging in any dealings related to the property except to return it to the Government of Kenya.
The court further ordered the defendants to pay the full costs of the suit with interest as determined by the court.
In its statement, the Commission welcomed the decision, saying, “This judgment reaffirms the Commission’s commitment to recovering illegally acquired public property and ensuring that such assets are restored for the benefit of all Kenyans.”
The ruling marks another key success in the Commission’s continued campaign to reclaim grabbed public land and safeguard government assets across the country.
