EACC Recovers Ksh 50 Million Kenya Railways Land in Mombasa

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EACC urged individuals and organizations that have acquired illegally gotten public assets or land to willingly surrender

The dispute was resolved under Alternative Dispute Resolution (ADR), and this led to the court duly endorsing the consent. photo/ Courtesy

By Juliet Jerotich
The Ethics and Anti-Corruption Commission (EACC) has recovered a significant piece of public land valued at Ksh50 million, located at the Kenya Railways Light House Kizingo Estate, Mombasa County.

The property, said EACC in a press release, was irregularly and illegally awarded to Kizingo Apartments Limited and was later subsequently transferred to Kizingo Condominium Limited in 2011.

The aforementioned land, registered as Mombasa/Block XXVI/1137, is approximately 0.0873 hectares in size. It is situated along the Pwani Road off the junction with David Kayanda Road and comprises a four-bedroom house and garage which was initially constructed in the 1950s by the East African Railways and Harbors Corporation.

“The property has always remained under the occupation and control of the Kenya Railways Corporation from inception,” noted the EACC.

Following probes, the EACC on July 7, 2020, had filed a suit of recovery of land in the Environment and Land Court in Mombasa. There was a consent order that was confirmed by Justice Stephen Kibunja, in which the land would be transferred to the Government of Kenya by Kizingo Condominium Limited, to be registered in the name of the Kenya Railways Corporation.

The dispute was resolved under Alternative Dispute Resolution (ADR), and this led to the court duly endorsing the consent. Pursuant to the agreement, Kizingo Condominium Limited undertook to surrender the original Certificate of Lease and allow the land records to be corrected in favor of the Kenya Railways Corporation.

Furthermore, the court further issued a permanent injunction preventing Kizingo Condominium Limited from selling, transferring, or otherwise dealing with the property, except for its transfer to Kenya Railways.

Reaffirming its dedication to protecting public resources, EACC urged individuals and organizations that have acquired illegally gotten public assets or land to willingly surrender them for their public utilization as planned.

“The Commission is still dedicated to the recovery of public property illegally acquired and invites all those in possession of them to voluntarily turn them over,” the statement said.

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