The Ethics and Anti-Corruption Commission (EACC) has successfully recovered a 1.73-acre parcel of public land valued at Ksh 104 million that was illegally acquired from the Kenya Airports Authority (KAA). The land, designated as MN/VI/3748, is part of the Moi International Airport in Mombasa, formerly known as Port Reitz Airport.
In a judgment delivered on July 23, 2023, Justice Kibunja of the Environment and Land Court in Mombasa ruled that the parcel had been illegally allocated to Agil Mahmud, the then Provincial Physical Planner for Coast Province. The court held that the land was public property reserved for airport use and thus not available for private allocation.
EACC investigations revealed that the parcel was irregularly excised from the larger L.R MN/VI/3888, a 538.76-acre area reserved for the airport. The hiving off was done through an unverified sketch plan rather than a formally approved Physical Development Plan (PDP), violating legal procedures. Furthermore, Mahmud did not follow the legal process of land acquisition, as there was no application, acceptance of allotment terms, or payment of fees.
The title had since been transferred to Academy Properties Limited, but the court declared the title null and void, citing that all subsequent transfers stemming from the initial illegal allocation were invalid. Also named in the case was Wilson Gachanja, the then Commissioner of Lands, who was accused of fraudulently facilitating the land’s allocation and illegal transfers.
The suit was initially filed by the Kenya Anti-Corruption Commission (KACC), now EACC, on February 13, 2009. It sought the declaration of the land as public property and the revocation of the title issued to Academy Properties Limited.
EACC confirmed that this recovery is part of a broader effort to reclaim 12 other parcels of land also excised from Moi International Airport. These parcels, valued at over Ksh 2.5 billion, are currently subjects of ongoing court proceedings.
This case marks a significant milestone in the fight against public land grabbing and reaffirms EACC’s commitment to protecting public assets from illegal acquisition.
