The Environment and Land Court in Mombasa ruled that a parcel of land along Machakos Road, designated as a road reserve, was illegally and fraudulently alienated in 1994. Justice Y. M. Angima declared the lease and survey plan creating the parcel null and void, ordering the rectification of land and survey records. The court found that the allocation of the reserve to late Mombasa Municipal Council Councillor Ezekiel Luyali violated procedures under the Local Government Act, as no Gazette notices, development plans, council resolutions, or ministerial approvals were documented. The fraudulent transfer, which took effect on 1 June 1994, was facilitated by then-Town Clerk David Kalume Randu and Mayor Ahmed Mwidhani, who irregularly processed the 99-year lease registered on 2 September 1994. The court’s decision mandates the cancellation of the lease entries and the Survey Plan Folio Register No. 264/37, while imposing a permanent injunction to prevent further dealings with the property.
The EACC’s investigation revealed systemic irregularities in the 1994 land allocation, emphasizing the misuse of public resources for private gain. The commission praised the ruling as a critical affirmation of legal compliance in managing public land, stating that such reserves must not be converted to private use through unlawful means. The court’s findings underscored the absence of procedural safeguards, including the lack of public notice and formal approvals, which are mandatory under the law for road closures or land reallocations. The case highlights the ongoing challenges in enforcing transparency in land governance, particularly in urban areas where public infrastructure is vulnerable to corruption.
The recovery of the road reserve restores a critical access route to UoN Mombasa Campus, which had been obstructed by the illegal allocation. The ruling sets a precedent for holding public officials accountable for land misuse and reinforces the EACC’s mandate to safeguard public assets. The court’s directive to the Chief Land Registrar and Director of Survey to rectify records ensures that the property’s status is formally corrected. The case also raises broader questions about historical land allocations and the need for rigorous oversight to prevent similar violations in the future. The EACC’s success in this matter underscores the importance of judicial collaboration in combating corruption and upholding public trust in land management systems.
The 2026 ruling marks a significant victory for anti-corruption efforts in Kenya, particularly in addressing the illicit diversion of public land. By invalidating the 1994 allocation, the court has not only reclaimed a valuable asset but also reinforced legal frameworks governing land use. The case serves as a cautionary example for local authorities, emphasizing the necessity of adhering to statutory procedures when managing public resources. As the EACC continues its investigations, this decision may inspire similar actions to recover other improperly allocated land, strengthening accountability in public administration.