The Ethics and Anti-Corruption Commission (EACC) has recovered grabbed public utility land measuring 0.13 acres and valued at Sh21 million within Mombasa Island.
The land, reserved for the expansion of Tom Mboya Avenue, had been irregularly and fraudulently allocated to Isaac Munyi Njeru, then to Julius Mwamsae, who later sold the property to Mohamed Mahfudh Saad.
In a judgment delivered on December 10, 2025, Justice Stephen Kibunja of the Environment and Land Court ordered the cancellation of the title to land parcel number Mombasa Island/Block XI/983, having been fraudulently obtained.
“A declaration is hereby issued that the alienation and allocation of Mombasa Island/Block XI/983, being part of the road reservwas unlawful, illegal, null and void ab initio,” reads part of the judgment.
“An order is hereby issued directing the Land Registrar, Mombasa, to rectify the register of Mombasa Island/Block XI/983 by cancelling the entries relating to the issuance of the Certificate of Lease dated 20th December 2002 in favour of the 1st defendant and all other subsequent entries made therein, and reinstate it as part of the road reserve.”
The 17-year-old case was filed on January 18, 2024, by the then Kenya Anti-Corruption Commission (KACC), the precursor to EACC, following investigations into allegations of the grabbing of a road reserve along Tom Mboya Avenue.
Investigations by the Commission established that the land was first allocated to Isaac Munyi Njeru through an allotment letter dated January, 24, 1996, issued without any application.
In 2002, the Land Registrar, Kenneth K. Githii, registered the same property and issued a Certificate of Lease in favour of Julius Mwamsae at a consideration of Kshs 6,000 per annum for a term of 99 years.
In 2003, Mwamsae sold and transferred the property to Mohamed Mahfudh Saad for a consideration of Sh500,000, after which a Certificate of Lease was issued in his favour.
Justice Kibunja further issued a permanent injunction restraining Mohamed Mahfudh Saad from dealing with the property in any manner other than surrendering it to the government.
With this judgment, land parcel Mombasa Island/Block XI/983 reverts to the government for the expansion of Tom Mboya Avenue, restoring it for the benefit of the public.
“The Commission reiterates its commitment to recovering stolen public assets and ensuring they are utilized for the greater public good,” EACC said.
