Grabbed Public Land Near State House Recovered After Years Of Court Battles
The Ethics and Anti-Corruption Commission (EACC) has recovered Ksh.30 million in grabbed public land near the State House in Mombasa.
The land, spanning 0.0492 hectares, was allegedly taken in 1997 by then-District Officer in Mombasa Edward Mwangi Irungu, in cooperation with then-Commissioner of Lands Wilson Gachanja.
On Wednesday, the Mombasa Environment and Lands Court decided in favour of EACC, ordering the property to be returned to the government and nullifying all transactions that led to the snatching.
According to court documents, the Commission filed a recovery claim in 2015 after determining that the parcel designated for government staff housing, where the Deputy Provincial Commissioner’s official apartment is located, was improperly obtained.
The District Officer, identified as the first defendant in the recovery claim, is accused of unlawfully selling the land to Minalove Hotel & Restaurant Limited, which used the title to get a Ksh.10 million loan from Equity Bank.
EACC RECOVERS GRABBED PUBLIC LAND ADJACENT TO STATE HOUSE, MOMBASA
— EACC (@EACCKenya) December 14, 2024
The Ethics and Anti-Corruption Commission (EACC) has recovered a prime Government plot worth Kes30 million, which had been illegally and corruptly excised from public land adjacent to State House, Mombasa, by one…
Minalove Hotel and Equity Bank are the case’s second and third respondents, respectively, with Wilson Gachanja as the fourth.
EACC claimed that because the land had been set aside for public use, it was not available for allocation to anyone else, and that all transactions resulting in its transfer were illegal, invalid, and null and void.
“The Plaintiff avers that the suit property was illegally allocated by the 4th Defendant to the 1st Defendant in total disregard of the subsisting alienation of the suit properties and the fact that the land was not available for further alienation,” read court documents.
“Consequently, the purported grant by the 4th Defendant to the 1st Defendant was fraudulent, illegal and null and void ab initio and could not pass good title to the 1st Defendant or any other person.”
In her verdict on Wednesday, Justice Nelly Matheka upheld the EACC’s submissions and issued orders nullifying the acquisition, transfer, lease, and all transactions from the land including the bank loan.
“The lease registered in favour of 1st defendant was improperly procured and the same is hereby cancelled,” ruled the judge.
“Having no title, the 1st defendant did not pass a good title to the 2nd defendant, and the transfer of land dated 2nd July 2013 is hereby cancelled.”
Justice Matheka continued: “Having no title, the 2nd defendant could not have properly charged the property, and the charge registered under the title on 18th July 2013 is hereby cancelled.”
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“That the register of the land parcel Mombasa/Block XXVI/1010 is rectified to remove the entries in favour of the 2nd defendant and the charge in favour of the 3rd defendant and the title to revert to the Government of Kenya.”
The court also imposed a permanent injunction, prohibiting Minalove Hotel from transferring, alienating, or interfering with the land.
Irungu and the hotel were ordered to pay Ksh. 5 million in general damages for unjust interference with public land in an irregular, illegal, and deceptive manner.
EACC has now urged financial institutions to always check that the land used as collateral is free of any legal encumbrances and was not illegally obtained.
Grabbed Public Land Near State House Recovered After Years Of Court Battles
