EACC Reclaims KAA Land Worth Ksh 104 Million
The Ethics and Anti-Corruption Commission (EACC) has successfully recovered a piece of public land valued at Ksh 104 million
The Ethics and Anti-Corruption Commission (EACC) has successfully recovered a piece of public land valued at Ksh 104 million that had been unlawfully acquired in Mombasa.Photo/KBC Digital.
By Robert Assad
The Ethics and Anti-Corruption Commission (EACC) has successfully recovered a piece of public land valued at Ksh 104 million that had been unlawfully acquired in Mombasa. The recovered parcel, identified as MN/VI/3748 and measuring approximately 1.73 acres, originally belonged to the Kenya Airports Authority (KAA) and was part of the land reserved for the development of Port Reitz Airport—now Moi International Airport.
The land had been illegally acquired by Agil Mahmud, who served as the Provincial Physical Planner for the Coast region at the time. A recent ruling issued on July 23, 2023, by Justice Kibunja of the Mombasa Environment and Land Court affirmed that the land had been set aside strictly for public utility and was therefore not subject to private allocation.
In his judgment, Justice Kibunja declared the title deed held by Academy Properties Limited invalid, stating that the original allocation to Mahmud was done unlawfully. Consequently, all subsequent transactions involving the land were deemed null and void.
According to findings from EACC’s investigation, the parcel MN/VI/3748 was carved out from a larger tract—L.R MN/VI/3888—spanning 538.76 acres that had been designated for use by the airport. The subdivision and allocation of the 1.73-acre portion were not supported by a valid Physical Development Plan (PDP). Instead, the land was distributed using an unverified sketch plan, lacking proper procedure or approval.
The anti-graft agency, previously known as the Kenya Anti-Corruption Commission (KACC), discovered that Mr. Mahmud did not follow the legal process for land acquisition. He neither applied for the parcel nor accepted allotment terms, and no payment of statutory fees was made—making the allocation entirely irregular.
In a lawsuit filed in February 2009, the Commission sought to declare MN/VI/3748 public land, asserting its reserved status for aviation purposes under KAA’s jurisdiction. The suit also requested the revocation of the title issued to Academy Properties Limited.
Also implicated in the case was the then Commissioner of Lands, Wilson Gachanja, accused of colluding in the fraudulent allocation and facilitating illegal transfers.
EACC has reiterated its commitment to safeguarding public assets and continues to pursue the recovery of an additional 12 parcels excised from Moi International Airport, collectively valued at more than Ksh 2.5 billion. These legal efforts remain active, with the cases currently at various stages in court.
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