In a statement issued on Saturday, the commission said the 0.13-acre plot, valued at approximately Ksh21 million, had been unlawfully acquired through fraudulent processes dating back to the mid-1990s.
The land had originally been reserved for road expansion to ease congestion along one of Mombasa’s key transport corridors. However, investigations revealed that it was illegally converted into private property despite its designated public use.
The recovery follows a ruling by Environment and Land Court Judge Stephen Kibunja, who cancelled the title deed and declared the allocation illegal. The court found that the land was public property and could not lawfully be owned by private individuals.
According to court records, the irregular allocation began in January 1996, when an allotment letter was issued to a businessman without any formal application being made. The court noted that the process violated land laws and procedures in force at the time.
In 2002, the land changed hands after a Certificate of Lease was issued to another individual for a 99-year lease at an annual rent of Ksh6,000. The court heard that the issuance of the lease was irregular and unsupported by legal documentation.
A year later, the second beneficiary sold the land to a third party for Ksh500,000, after which another lease title was issued. The court found that all three transactions were tainted by fraud and could not confer legal ownership.
The case was initially filed in January 2008 by the now-defunct Kenya Anti-Corruption Commission (KACC), EACC’s predecessor, following investigations into suspected grabbing of a road reserve in Mombasa.
In his ruling, Justice Kibunja issued a permanent injunction barring the last holder of the title from interfering with the land in any manner. The court ordered that the land be surrendered to the government for public use.
Following the revocation of the title, EACC said the property has reverted to public ownership and will now be used for its original purpose — the expansion of Tom Mboya Avenue to improve traffic flow and infrastructure in the coastal city.
“The recovery ensures that public land meant for critical infrastructure is protected from illegal acquisition and restored for the benefit of the public,” the commission said.
The case is part of EACC’s broader efforts to reclaim grabbed public land across the country, particularly in urban areas where infrastructure development has been hindered by historical land fraud.
In a related development, EACC cited another successful recovery in Nyali, Mombasa, where it reclaimed public land valued at Ksh30 million in October 2025 after a 12-year legal battle.
That parcel had been set aside for the expansion of Links Road near First Avenue but was unlawfully allocated in 1996 by the then Commissioner of Lands without legal justification. The land has since been restored for public use following a court ruling.
EACC said such recoveries demonstrate the importance of sustained investigations and legal action in safeguarding public resources.
The commission reiterated its commitment to pursuing individuals involved in illegal land allocations and urged the public to report suspected cases of land grabbing.
Mombasa remains one of the counties most affected by historical land fraud, with many public spaces and road reserves illegally converted into private property over the years.
EACC said efforts are ongoing to identify, investigate, and recover more parcels of grabbed public land to support infrastructure development and public service delivery.
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