The Mombasa Environment and Land Court has ordered the family of the late Sheikh Ali Taib to surrender a 0.13-hectare piece of land worth Ksh 30 million in Nyali that was unlawfully allocated nearly three decades ago. The land, part of the Links Road reserve adjoining 1st Avenue, had been set aside for future road expansion and maintenance.
In a judgment delivered on Wednesday, Justice Stephen Kibunja declared the title deed issued to Sheikh Taib unlawful and directed the Mombasa Land Registrar to cancel it. The court further ordered that all entries related to the illegal allocation be deleted from the land register, restoring the property for public use.
According to the Ethics and Anti-Corruption Commission (EACC), investigations revealed that the land was irregularly allocated on January 19, 1996, when the then Commissioner of Lands demarcated and leased it without any legal authority. The land was leased for 99 years from February 1, 1996, and allocated to an individual who later sold it to Sheikh Taib.
The EACC, led by Chief Executive Officer Abdi A. Mohamud, filed the case in 2013 seeking to nullify the unlawful allocation and recover the public property.
Justice Kibunja ruled that the Commissioner of Lands acted beyond his powers, rendering the grant “unlawful, null, and void.” The court also issued a permanent injunction barring the defendants or any other parties from trespassing or transferring the land, except when surrendering it to the government.
EACC welcomed the ruling, terming it a victory in the ongoing fight against land grabbing and illegal acquisition of public property. The commission reaffirmed its commitment to reclaiming all public assets that were irregularly transferred to private individuals and entities.
